Canada’s indigenous children slated to receive billions in compensation after court rejects Trudeau appeal

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Andrew Feinberg

White House Correspondent

A Canadian court has paved the way for billions of dollars in compensation to be paid to First Nation children removed from their families and placed into state welfare after a judge on Wednesday dismissed a legal challenge from the federal government.

The Canadian Human Rights Tribunal had previously ruled that Ottawa “willfully and recklessly” discriminated against Indigenous children living on reserves by failing to properly fund child and family services. The neglect was found to have pushed many of the children into foster care, leading the tribunal in 2019 to order Ottawa to pay about $31,000 to each child removed from home.

Prime Minister Justin Trudeau’s Liberal government had appealed the judgment, but Canada’s Federal Court sided with the tribunal, saying Ottawa failed to show its compensation ruling was unreasonable. About 52 per cent of Canadian children in foster care are Indigenous, government data show, far outpacing their share of the overall population.

The compensation also covers primary caregivers who were affected by the state’s actions. First Nations advocates estimated that up to 54,000 people could be covered.

“No one can seriously doubt that First Nations people are among the most disadvantaged and marginalised members of Canadian society,” Justice Paul Favel wrote in his decision. “The tribunal was aware of this and reasonably attempted to remedy the discrimination while being attentive to the very different positions of the parties.”

Indigenous rights advocates heralded the court’s decision, which came on the eve of Canada’s first National Day for Truth and Reconciliation, which honours the victims and survivors of the country’s brutal residential school system. The schools were set up in the 19th century to forcibly assimilate First Nations children and operated until the late 1990s.

“This was a complete win for kids,” Cindy Blackstock, a First Nations activist who filed the original human rights complaint more than a decade ago, told the Canadian Broadcasting Corp. “Now the question becomes, will the federal government finally put down its sword and stop fighting First Nations children and treat them equally?”

The Canadian Department of Indigenous Services did not immediately return a request for comment. The federal government is reviewing the court’s decision, according to Reuters.

Mr Trudeau has previously said his government doesn’t disagree with First Nations compensation but wants to make sure they are “getting that compensation right”. During the judicial review, the government argued that the tribunal had overstepped its jurisdiction in awarding collective compensation.

Mr Trudeau, 49, came to power in 2015 by casting himself as a feminist climate warrior and champion of liberal values. Though his minority government was recently reelected, he has been buffeted by scandals, including revelations that he wore blackface makeup as a younger man.

Despite the international attention over the discovery of hundreds of unmarked graves on or near the sites of former residential schools that thrust Canada’s historical mistreatment of First Nations people into the spotlight, Indigenous issues drew scant attention in the election campaign.

Ottawa can still appeal Wednesday’s judgment and Indigenous advocates said that couldn’t be ruled out. "Their past behaviour is they will appeal it," Ms Blackstock said.

The battle for compensation goes back at least 14 years, when Ms Blackstock, the executive director of the First Nations Child and Family Caring Society, and the Assembly of First Nations, filed the original claim. They argued that by underfunding child welfare on reserves, Ottawa’s actions amounted to racial discrimination.

"Today’s decision acknowledges the harm caused by Canada’s discrimination and affirms that First Nations children and families deserve justice," the Assembly of First Nations said in a statement.

The Washington Post