Judge to decide fate of $23B First Nations child welfare compensation

The Federal Court will be asked this week to approve $23 billion in compensation for First Nations children and families who experienced racial discrimination through Ottawa's chronic underfunding of the on-reserve foster care system and other family services.

If approved, the proposed settlement agreement would be the largest in Canadian history — but it might not end a 16-year legal fight.

The proposed settlement includes a request for Prime Minister Justin Trudeau to issue a public apology. Not everyone involved in the compensation case thinks that can happen yet.

Cindy Blackstock, the First Nations children's advocate who started the battle for federal compensation in 2007, said that while the compensation should be approved, the government can't apologize when it's still discriminating against First Nations kids and families.

"We need to avoid performative apologies," said Blackstock, executive director of the First Nations Child and Family Caring Society.

"We need to make sure that this time the words have meaning, and that meaning is changed behaviour."

In a letter sent to the prime minister on Oct. 12, the AFN asked Trudeau to ensure the discrimination does not continue.

It also urged Trudeau to immediately make a public apology in the House of Commons to all First Nations children, families and communities harmed by Canada's discriminatory conduct.

"We ask that you, as prime minister, now apologize to our people on behalf of the Government of Canada," Interim National Chief Joanna Bernard wrote in the letter, obtained by CBC News.

The AFN's letter cites a 2016 decision by the Canadian Human Rights Tribunal (CHRT) which concluded that the government engaged for decades in discrimination based on race, contrary to the Canadian Human Rights Act, by underfunding First Nations child and family services.

Manitoba Regional Chief Cindy Woodhouse, who led the AFN's compensation negotiations, said the apology would put pressure on Canada to make major changes.

"Our kids have been waiting decades for an apology," Woodhouse said.

"The work has to get done. The asks have to get put forward … We have long-term reform now that we do have to come together on."

Canada's actions led to tens of thousands of unwarranted apprehensions of First Nations children from their homes, families and nations, according to the CHRT, which called the government's conduct wilful and reckless.