First Nations child welfare agreement could help improve quality of life for youth aged out of care: advocate

A Manitoba advocate for First Nations kids in care hopes a compensation agreement for those hurt by the child welfare system will benefit thousands of children in the province and lead to long-term reform. 

The compensation agreement relates to a landmark Canadian Human Rights Tribunal decision.

In 2019, the tribunal ordered Ottawa to pay $40,000 — the maximum allowed under the Canadian Human Rights Act — to each child, along with their primary guardian, who was part of the on-reserve child welfare system from at least Jan. 1, 2006, to a date to be determined by the tribunal.

The Federal Court upheld that decision this year. The government appealed, but that appeal was put on pause while the parties tried to strike an agreement outside of court.

The First Nations Child and Family Caring Society, the Assembly of First Nations and lawyers for several related class action lawsuits completed negotiations with the federal government late the night of Dec. 31, after nine weeks of intense talks. The details of the agreement are expected to be released Tuesday. 

"I'm hoping for a seamless rollout of how these funds are going to get to the recipients and that in addition to the settlements, that there's opportunities for healing that are afforded to those who suffered from their experiences," said Cora Morgan, Assembly of Manitoba Chiefs family advocate. "I'm hoping that there is value in a First Nations perspective, in the way that they roll out these funds and that there's commitments to do better for the future."

It's not yet clear what the agreement will entail. In its most recent economic statement issued earlier this month, the federal government earmarked $40 billion for First Nations child welfare. The government set aside the money to cover the cost of settling a Canadian Human Rights Tribunal order and class-action lawsuits related to the on-reserve First Nations child welfare system, as well as to fund long-term reforms to the system.

Morgan said in recent years, there have consistently been close to 10,000 children in care in Manitoba, about 90 per cent of whom are Indigenous, so it's likely there will be thousands of people in Manitoba eligible for compensation. 

Morgan says she has already been getting calls from young people who have aged out of the child welfare system who are wondering if and how they can access funds from the settlement. 

She said she spoke with one young woman who has struggled to make ends meet who was excited about the prospect of getting her own place to live. 

"I just think that it will go towards enhancing the quality of life of young people," Morgan said. 

Still, Morgan said there's a lot of uncertainty about how this compensation will flow to recipients, and how it will work for First Nations children under 18. 

"I just want to make sure that these children have protections and that someone's there to support them, making big decisions or not going to take advantage of them in any way," she said. 

Morgan said she'd also like to see some of the funds from the settlement go to initiatives that keep families together, and address issues like poverty that tend to lead to children ending up in care.