Ottawa, the AFN and plaintiffs in two class action cases reached an agreement in principle earlier this year. The parties announced on Monday that the deal had been finalized. Indigenous Services Canada says the settlement is the largest in Canadian history. In total, $20 billion will be allocated to:
First Nations children on reservation and in the Yukon who were removed from their homes between April 1, 1991 and March 31, 2022. Those affected by what the government called the “narrow definition” of the Jordan Authority, which was used between December 12, 2007 and November 2, 2017. Children who did not receive an essential public service or experienced delays in accessing these services between 1 April 1991 and 11 December 2007. Caring parents or grandparents of children covered by the agreement, who may also be eligible for compensation.
Manitoba Regional Chief Cindy Woodhouse said in a media statement that she expects to see the money start rolling in next year. “We are keeping our children in our hearts and prayers throughout the negotiations,” Woodhouse said in her statement. The final agreement still needs to be approved by the Canadian Human Rights Tribunal and the Federal Court. The non-binding agreement reached earlier this year also includes $20 billion for long-term reform of the child welfare system on reserve, but a final settlement of that portion has yet to be reached. The Canadian Human Rights Tribunal ruled in 2016 that $40,000 must be paid to each First Nations child wrongfully placed in foster care. Indigenous Services Minister Patty Hajdu said in January that the $20 billion is expected to cover those minimum payments and those who may be eligible for more. “I hope the court process to approve the agreement will be swift and people and families can have the certainty and resolution they have been asking for,” Hajdu said in a media statement on Monday. Indigenous Services Minister Patty Hajdu said she hopes to see swift approval of the final settlement by the Canadian Human Rights Tribunal and the Federal Court. (Justin Tang/Canadian Press) The Federal Court had rejected Canada’s application to review two orders of the child welfare human rights tribunal and the Jordanian Authority — which aims to eliminate jurisdictional conflicts over payment for government services for the children of First Nations. The government said at the time that it was not opposed to compensation. He argued that the court lacked jurisdiction to order specific amounts of damages in a class-action fashion. The government also disputed that the order would award the same amount of money to someone who spent one day in care as it would to someone who spent an entire childhood there. In his ruling, Justice Paul Favel said negotiations could help realize the goal of reconciliation and would be “the preferred outcome for both Indigenous peoples and Canada.” The government said it intended to appeal the decision – but would suspend the appeal as it entered negotiations and drop the appeal altogether once the deal is approved. The Federal Court is set to review the deal in September, according to AFN. Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, called on the government to drop its appeal immediately. “The Caring Society believes that Canada should pay human rights compensation to the victims immediately and withdraw their appeal to the Federal Court of Appeal,” it tweeted.
