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.

Just Posted

Lakewood Golf Resort near Sylvan Lake expanding to 18-hole course

Lakewood Golf Resort was approved for the expansion by Red Deer County at a recent meeting

Sylvan Lake Library raises $600 for Christmas Bureau

Funds from the library’s coffee and cookie fundraiser were presented to the Christmas Bureau Dec. 5

Two dead in three-car collision on Hwy 11 near Alberta Springs Golf Course

Two women were pronounced dead on the scene of an accident Wednesday afternoon

Calgary police officer shares his story with Sylvan Lake parents and youth

A small audience listened to a presentation on bullying by Bullying Ends Here founder Tad Milmine

The best caesar in Canada can be found in Sylvan Lake

Kjeryn Dakin’s Tragically Hips caesar won the national Best Caesar in Town competition

Fashion Fridays: Ethical and sustainable gifts for the season

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

Many of Canada’s working poor can’t afford lawyers, don’t qualify for legal aid

One lawyer says many people earn too much to qualify for legal aid, but not enough to really live on

Economy lost 71,200 jobs in November, unemployment rate climbs to 5.9%

Jobless rate is at its highest since August 2018, when it hit 6%

Final appeal rejected for man convicted in deaths of missing Alberta seniors

Lyle and Marie McCann were in their 70s when they left their home in St. Albert in 2010 and vanished

Infants should be tested for autism if older siblings are diagnosed, Canadian study suggests

Blood test for infants with sibling who’s been diagnosed would get information to families earlier

Rural Alberta gets more police officers, but must pay for them directly

Premier wants areas to pay portion of overall costs on rising scale to bring in extra $200M by 2024

Rebels win second in row 5-2 over Moose Jaw

32 saves from Goalie Byron Fancy leads the way for Red Deer

Nearly 40% of Canadians want creationism taught in schools: poll

23% of Canadians believe God created humans in the past 10,000 years

Blackfalds RCMP lay charges following fatal pedestrian collision

35-year-old male died in the hospital as a result of injuries

Most Read