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

COLUMN: Light holiday movies, filmed here in B.C.

How is it possible to come up with so many holiday-themed movie scripts each year?

COLUMN: Okanagan will be well represented with MPs in critic roles

As critics, it is part of our job to hold the government to account

LETTER: Not all can afford private health insurance

The private insurance industry is not in the business of covering those with high needs

LETTER: Health model profits from patents’ suffering and desperation

Health care should be based on need not the ability to pay

Summerland schools hold winter performances

Seasonal events scheduled in December

VIDEO: A brief history of bumps in the Trudeau-Trump relationship

Remember Peter Navarro saying ‘there’s a special place in hell’ for a foreign leader who aims to cheat?

Half of shoppers say they have no holiday spending budget

B.C. consumers surveyed estimate they will spend $921 this season

Man sentenced in Salmon Arm to one year in jail for luring adolescent girls

Offence took place online, sentence conditions include restrictions on contact with people under 16

Penny the Vernon pitbull works on her fitness

BC SPCA Vernon celebrates Penny’s milestones on social media

Shooting victim’s son-in-law sentenced for vandalizing B.C. home of alleged killer’s wife

Zachary Charles Steele, son-in-law to Rudi Winter, pleaded guilty to mischief over $5,000

Falkland shootout suspect has lengthy criminal record

Williams Lake RCMP issued a warrant for Darwyn Sellars’ arrest on Nov. 4, 2019

Okanagan students come out of the cold to stage Frozen Jr.

Centre Satge performance brings Disney favourite to life

Man killed in crash due to ‘absolutely treacherous’ conditions on Coquihalla

Winter means icy roads are dangerous and drivers should be careful, RCMP say

Most Read