Indigenous children play in water-filled ditches in Attawapiskat, Ont. on April 19, 2016. Federal lawyers will be in court later this morning to argue the government’s appeal of a Canadian Human Rights Tribunal ruling that ordered Ottawa to pay billions of dollars in compensation to First Nations children and their families. THE CANADIAN PRESS/Nathan Denette

Indigenous children play in water-filled ditches in Attawapiskat, Ont. on April 19, 2016. Federal lawyers will be in court later this morning to argue the government’s appeal of a Canadian Human Rights Tribunal ruling that ordered Ottawa to pay billions of dollars in compensation to First Nations children and their families. THE CANADIAN PRESS/Nathan Denette

First Nations child welfare case adjourns, judge reserves decision

Ottawa wants to compensate First Nations families through a settlement in a separate class-action lawsuit

Advocates fighting for First Nations children and families ripped apart by an underfunded child welfare system say the Trudeau government should stop challenging a Canadian Human Rights Tribunal order that awarded money to victims.

Lawyers on Tuesday wrapped up arguments in a Federal Court case challenging the tribunal’s ruling that Ottawa pay $40,000 to every First Nations child who was inappropriately taken away from their parents after 2006.

The ruling said the federal government “wilfully and recklessly” discriminated against Indigenous children living on-reserve by not properly funding child and family services. As a result, children were sent away from their homes, families and reserves.

Had they lived off-reserve, the children would be covered by better-funded provincial systems.

The Liberal government, which is appealing the tribunal’s decision, had its lawyers ask the Federal Court to stay the tribunal’s order that imposed a Dec. 10 deadline for the government to come up with a plan on how it would provide payment to victims.

Justice Department lawyer Robert Frater said Canada agrees its actions were discriminatory and that the government will compensate children and their families.

But Frater called the human rights tribunal’s order an “unnecessarily invasive piece of surgery by the wrong doctors.”

READ MORE: More First Nations kids deserve child-welfare compensation, federal lawyers argue

Ottawa instead wants to compensate First Nations families through a settlement in a separate but related class-action lawsuit filed earlier this year seeking $6 billion in damages for Indigenous children.

Federal Court Justice Paul Favel is reserving judgment, but said he will deliver a decision as soon as possible in a nod to the looming Dec. 10 deadline.

The government wants to negotiate a settlement that will cover all victims going back to 1991, and argued in court that the tribunal decision’s compensation plan doesn’t allow for this because its order only includes victims and their families since 2006.

Lawyers for the First Nations Child and Family Caring Society, which filed the original human-rights complaint in 2007, and other parties in the case said nothing stops the government from paying damages awarded by the human-rights tribunal while also extending compensation to other victims.

Cindy Blackstock, the society’s executive director, said the government is “shopping around for a court where they can do what they want” by trying to provide compensation through the class-action lawsuit instead of following the tribunal’s order.

“We’re in the litigation process at the tribunal on compensation because Canada wanted us to go there. We wanted to mediate, but Canada said, ‘No, we have to litigate this at the tribunal.’ So they got what they wanted, which is an order,” Blackstock told reporters outside the courtroom Tuesday.

“Now they don’t like the order and they want it out of the way,” she said, adding, “it feels like they’re just trying to find a place that agrees with them.”

NDP Leader Jagmeet Singh, who took in the court proceedings Tuesday, said he will continue to push Prime Minister Justin Trudeau to stop taking Indigenous children to court.

“The government should drop the appeal, it should follow the tribunal decision. If there are other cases and other discrimination that need to be addressed, address that as well.”

Teresa Wright, The Canadian Press

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

In 2017, a member of the Disneyana Fan Club curated a small Community Treasures exhibit at the Museum of Surrey about the early days of Disney and the cartoonist Walt Disney. The museum is now accepting applications for its 2022 Community Treasures exhibition. (Photo: Submitted)
Museum of Surrey wants to spotlight local organizations and clubs

Museum now accepting applications for its 2022 Community Treasures exhibit

Musician Dana Vande is seen in a screenshot from a music video on Youtube. Vande recently released a pro-lockdown track in response to an Eric Clapton and Van Morrison anti-lockdown track.
Cloverdale musician writes pandemic response song to Van Morrison and Eric Clapton

Dana Vande answers a Clapton-Morrison anti-lockdown track with a pro-lockdown track

Delta Police Constable Jason Martens and Dezi, a nine-year-old German Shepherd that recently retired after 10 years with Delta Police. (Photo submitted)
Delta Police dog retires on a high note after decade of service

Nine-year-old German Shepherd now fights over toys instead of chasing down bad guys

Surrey RCMP Constable Mike Della-Paolera as seen in a cut-out used for the detachment’s Operation Double Take program. (File photo)
Surrey’s tall ‘Operation Double Take’ cop is on the move

Cut-out of Constable Mike Della-Paolera used in program to curb speeding and dangerous driving

Family and friends of Hudson Brooks marched as part of a call for answers from an IIO investigation into his 2015 death. (Black Press Media files)
Inquest to look into RCMP shooting death of Hudson Brooks

Charges agains the RCMP officer who shot Brooks were stayed in 2019

A scene from “Canada and the Gulf War: In their own words,” a video by The Memory Project, a program of Historica Canada, is shown in this undated illustration. THE CANADIAN PRESS/HO - Historica Canada
New video marks Canada’s contributions to first Gulf War on 30th anniversary

Veterans Affairs Canada says around 4,500 Canadian military personnel served during the war

Nurses collect samples from a patient in a COVID suspect room in the COVID-19 intensive care unit at St. Paul’s hospital in downtown Vancouver, Tuesday, April 21, 2020. (THE CANADIAN PRESS/Jonathan Hayward)
5 British Columbians under 20 years old battled COVID-19 in ICU in recent weeks

Overall hospitalizations have fallen but young people battling the virus in hospital has increased

Canada released proposed regulations Jan. 2 for the fisheries minister to maintain Canada’s major fish stocks at sustainable levels and recover those at risk. (File photo)
New laws would cement DFO accountability to depleted fish stocks

Three B.C. salmon stocks first in line for priority attention under proposed regulations

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Trees destroyed a Shoreacres home during a wind storm Jan. 13, 2021. Photo: Submitted
Kootenay woman flees just before tree crushes house

Pamala DeRosa is thankful to be alive

Ridge Meadows Search and Rescue had a helicopter rescue in Golden Ears Park on Saturday. (Special to The News)
Helicopter Rescue in Golden Ears park

Ridge Meadows search team assists injured hiker

Singletree Winery in Abbotsford has opened two domes where customers can enjoy wine tastings and local goodies. (Photo by Megan Ashley Creative)
Abbotsford winery first in Fraser Valley to open wine-tasting domes

Singletree Winery offers two themed transparent enclosures

Gin, one of the Kantymirs’ two sheep. (Martha Wickett-Salmon Arm Observer)
Sheep start up ATV, sit in cars and go for walks in Salmon Arm

Until they bought two sheep, Ken and Karleen Kantymir didin’t realize just how social the animals are

Heather Lucier, a pastor at Kelowna Harvest Fellowship, speaks to an RCMP officer outside of Harvest Ministries on Sunday, Jan. 10. (Michael Rodriguez - Capital News)
Kelowna church fined 2nd time for violating public health order

Harvest Ministries in Kelowna has previously said they will fight the tickets in court

Most Read