Canada spent $14.5M fighting First Nations child advocate in court

Federal governments both Conservative and Liberal spent at least $14.5 million fighting a prominent First Nations child advocate in court over the last 18 years, according to a newly released estimate.

The Justice Department says it identified "approximately 19 litigation files" in its electronic system involving Canada and the First Nations Child and Family Caring Society, led by executive director Cindy Blackstock, dating back to 2006.

Blackstock is a Gitksan social worker, academic and advocate who spent those years fighting at the Canadian Human Rights Tribunal and in the courts to stop the underfunding of the on-reserve child welfare system. Disappointed but not surprised, she told CBC Indigenous the figure likely underestimates the true spending.

"I was really disappointed. This money should have been brought for the benefit of First Nations children instead of fighting things in court," she said.

"Especially because the government's record in court has been that it's lost virtually every application when it's fighting against First Nations kids."

Nine of the files were brought by Canada and 10 were brought by the Caring Society, with total associated costs amounting to approximately $14,545,000, the department says. This would average to about $800,000 per year.

The Justice Department released the information to New Democrat MP Niki Ashton, who filed an order paper question in October. She sought information on all cases involving Canada and the society, including citation, file number, date, court or tribunal and total expenditure. 

The Crown asserted legal privileges and withheld most of that information. Canada waived only solicitor-client privilege "and only to the extent of revealing the total legal costs and the approximate number of legal proceedings," the department said.

Ashton criticized the lack of transparency, but called it typical of a government that chooses to fight rather than live up to its obligations. The northern Manitoba MP said the effort was a waste of money better spent helping young people who live in some of the most marginalized conditions in Canada.

"It's sickening. We're talking about heroic work done by the First Nations Child and Family Caring Society, led by a well-respected Canadian figure and First Nations leader," Ashton said.

"For years they've attacked her and the organization but now we also find out that they spent $14.5 million to fight them and essentially fight First Nations youth in court. This figure is appalling."

The Liberals have long denied they are fighting Indigenous kids in court, saying Canada wants a fair resolution but turned to the courts for guidance on some of the human rights tribunal's precedent-setting orders.

Blackstock rejected that.

"The government's justification for spending this sort of money, in general, it's hogwash and it doesn't align with the factual record," she said.