OTTAWA — The federal government is asking judges to consider part of a $40 billion settlement agreement on discrimination in the Indigenous child welfare system. After the Canadian Court of Human Rights rejected his agreement in late October.
The court’s findings cast doubt on the landmark settlement — the largest in Canadian history.
In 2019, a court ordered the federal government to compensate children and families.
The ruling comes three years after a ruling that Ottawa discriminated against Indigenous children for years by failing to adequately fund child welfare services in the reserve.
The federal government, First Nations legislatures, and attorneys in two related class actions announced agreements to pay that compensation in January.
The $40 billion package was split into two parts. $20 billion to compensate First Nations families for damages, and $20 billion to make long-term reforms to the current system.
The court awarded $40,000 for each child suffered under this system.
However, in a summary of the October ruling, the court said there was a timeline for claimants to opt out of the compensation program and that all children could actually receive the full $40,000 they owed. I expressed my concerns about whether
In a joint statement Wednesday, the three federal ministers said the judicial review Canada is seeking in federal courts would not hinder work with parties to determine how compensation should be distributed to children and families in agreed areas. said no.
They also said the government will continue to work towards a settlement agreement for long-term reform of indigenous children and family services.
At the same time, the government “has some disagreements about some elements” of the court’s ruling, said Crown Indigenous Relations Minister Mark Miller. “That’s why we are appealing.”
Miller noted that the court has not yet released the final and full reasons for its ruling. “So that’s the added element of today’s decision.”
Indigenous Services Minister Patti Haido said, “The clarity provided by the review will give guidance on how to proceed with the deal.”
“I think we’re getting to a point where we’re happy with both compensation and reform. But it’s a complicated task,” she added.