Canadian Human Rights Tribunal says Ottawa's $20B First Nations child welfare compensation still falls short
CBC
A key part of a $40 billion dollar First Nations child welfare agreement described as "historic" by the federal government could unravel following a ruling Tuesday by the Canadian Human Rights Tribunal.
The tribunal rejected Ottawa's $20 billion offer to compensate First Nations children and families harmed by the discriminatory on-reserve child welfare system.
It said the deal did not meet its criteria because it left some children out and did not guarantee the $40,000 in compensation for each child and caregiver ordered by the human rights body in a landmark ruling.
"The Tribunal never envisioned disentitling the victims who have already been recognized before the Tribunal through evidence-based findings in previous rulings," the decision said.
The tribunal said the federal government's cap of $20 billion for compensation would leave out some victims covered by the ruling.
The tribunal said First Nations children removed from their homes and placed in non-federally funded placements are excluded from the final settlement agreement, along with the estates of deceased caregiving parents and grandparents.
It also said that some parents and grandparents would get less than the $40,000 it ordered, along with some children and caregivers denied essential services under a policy known as Jordan's Principle.
The tribunal also took issue with the short time frame for victims to opt out of the final settlement agreement.
Under the agreement, claimants have until February 2023 to opt out of compensation and litigate on their own. If they don't, they won't be able to take their own legal action.
"Such an opt-out scheme would place victims who are receiving less than their CHRT (Canadian Human Rights Tribunal) entitlement of $40,000 in an untenable situation whereby they either accept reduced entitlements under the FSA [final settlement agreement] or opt-out of the FSA to be left to litigate against Canada from scratch," the decision said.
For Ashley Bach, who was apprehended shortly after birth, the decision left her grappling with worry.
"I'm quite worried about all the youth who were expecting to receive compensation," said Bach, who is a representative plaintiff for the removed child class in the Assembly of First Nations' (AFN) lawsuit against Ottawa
"It is a lot emotionally."
The federal government announced in January it had reached a $40 billion agreement with the AFN to settle two class action lawsuits. The government said it met the terms of the human rights tribunal's ruling.
U.S. health officials are backing a more accessible means of cervical cancer prevention — one that has limited availability in Canada.
Why did the lynx cross the road?
When people who are overweight and obese stopped taking their weight-loss medications they regained weight faster than those who stopped a diet or exercise program, a new review has found.
Amid concerns that businesses are profiting from Indigenous culture without always gaining the consent of the nation from which it originated, it raises the question of how to protect Indigenous intellectual property.
A spider with extra-long genitalia (for a good reason); a carnivorous caterpillar that wears its prey's body parts; and a tiny, mountain-dwelling opossum are among the cool new species described by science in 2025.
It’s like Amazon for hard drugs: cocaine, heroin and ecstasy, paid for with credit cards and e-transfers, delivered by Canada Post.
The Canadian Food Inspection Agency has added several Peace by Chocolate and NuttyHero products to its ongoing recall of pistachios possibly contaminated with salmonella.
Two Cree fashion designers who are inspired by family took the chance by leaving their home communities and are following their dreams.
When Eduardo Mercado first heard a humpback whale sing, he was fascinated by their rhythmic, moaning, haunting sounds.
The Northwestern Health Unit has confirmed its first case of measles in the region since an alarming rise in the spread of the disease began across the province and country — even leading to temporary outbreak status in Ontario.