Indigenous Child Welfare Compensation Talks Ongoing
Our government has never wavered on our commitment to compensate Indigenous children harmed by the child welfare system.
We have been unequivocal from the start: we will compensate those harmed by child and family services policies in order to mend past wrongs and lay the foundation for a more equitable and stronger future for First Nations children, their families and communities.
Our government recently filed for judicial review of the Canadian Human Rights Tribunal due to jurisdictional issues with the Tribunal’s findings.
Let me be clear: we are not appealing the Tribunal’s intention to provide compensation to victims of the on-reserve child welfare system. We agree that compensation is necessary, and are committed to ensuring fair and equitable compensation.
We are also not appealing the second Canadian Human Rights Tribunal’s ruling which expands on Jordan’s Principle. (Jordan’s Principle is a legal rule which exists to ensure First Nations can access essential health services without experiencing jurisdictional disputes between the federal, provincial or territorial governments on who is going to pay.)
As the judicial review process is underway, we are working directly with First Nations partners to address and settle their claims.
Last week, our government and the parties involved in litigation, the First Nations Child and Family Caring Society and Assembly of First Nations, announced that we will sit down immediately and work towards reaching a global resolution by December 2021 on outstanding issues that have been the subject of litigation, including:
Providing fair, equitable compensation to First Nations children on-reserve and in the Yukon who were removed from their homes by child and family services agencies, as well as those who were impacted by the government’s narrow definition of Jordan’s Principle,
Achieving long-term reform of the First Nations Child and Family Service program, and
Funding for the purchase and/or construction of capital assets that support the delivery of child and family services on-reserve and Jordan's Principle.
We’re working directly with the parties to resolve this, out of court, to ensure fair compensation. Our government has no intention to reduce the amount of compensation that survivors will receive.
At the same time, we’re making sure Indigenous children are never separated from their communities again; our historic Child and Families Services legislation returns authority for these services to Indigenous people. This is now a reality in Cowessess First Nation, where we signed the first agreement this summer.
As a result of our offer, the parties have agreed to put the appeal on hold while we negotiate a settlement. This will allow meaningful engagement between the parties and give us the time needed to reach an agreement.
Through out-of-court discussions, we are confident that we can arrive at a solution that is comprehensive and includes not only what the Canadian Human Rights Tribunal concluded, but also touches on separate class-action lawsuits focused on Indigenous child welfare.
As part of our collective responsibility to end discrimination against Indigenous Peoples, we must redress past harms. We will continue to work with our provincial and territorial partners, and all Canadians, to stand together to fight racism at every level, in every part of our society.
Indigenous children and youth are at the centre of what we do; our commitment to their health and well-being is an essential part of our journey towards reconciliation.
Our investments represent our significant commitment to make amends for past actions, but also to invest in a fairer, healthier future. Our country will be stronger for it.
Further details are available here.
Learn more about Jordan’s Principle and First Nations Child Services here.
