OTTAWA — First Nations chiefs and advocates are hopeful the Federal Court will approve a landmark child-welfare settlement this week, years after the Canadian Human Rights Tribunal called the federal government's treatment of First Nations child welfare "wilful and reckless."
The court is hearing final arguments in Ottawa this week on the proposed settlement agreement that would be the biggest in Canadian history if it passes.
The settlement comes more than 15 years after the Assembly of First Nations and the First Nations Child and Family Caring Society jointly launched a human-rights complaint that sparked a years-long legal battle with Ottawa.
The 2007 complaint revolved around allegations that Ottawa's underfunding of on-reserve child welfare services amounted to discrimination, and that First Nations children were denied equal access to support including school supplies and medical equipment.
The tribunal found in 2016 that First Nations are adversely impacted by the services provided by the government and, in some cases, denied services as a result of the government’s involvement.
"The panel acknowledges the suffering of those First Nations children and families who are or have been denied an equitable opportunity to remain together or to be reunited in a timely manner," the 2016 ruling said.
Child welfare was also among the central issues flagged in the report by the Truth and Reconciliation Commission, which spent six years delving into the painful residential school system that operated from the 1870s to 1996.
The proposed settlement includes $23 billion in compensation for more than 300,000 children and their families, and another $20 billion to reform the child welfare system.
Ottawa offered to spend $20 billion to reform the child-welfare system and another $20 billion on compensation last year, but the tribunal rejected the proposal and raised concerns that not all eligible claimants would receive compensation.
The Assembly of First Nations interim national chief, Joanna Bernard, said families have been waiting decades for this settlement.
"I call on the government of Canada to act swiftly in regard to when the decision is made by the courts," said Bernard. "Over 300,000 children and families are waiting — they've been waiting over almost 20 years now."
Cindy Blackstock, the executive director of the First Nations Child and Family Caring Society, carrying spirit bear — a stuffed bear that represents children impacted by the First Nations child welfare case — said the settlement will be a welcome step to help people heal.
"I'm feeling encouraged that this might finally be some measure of justice for the many victims, children, youth and families of Canada's discrimination," said Blackstock.
But she added issues still persist in the child welfare system.
Blackstock said First Nations children living on-reserve are still subject to inequitable access to health care, and Ottawa must do more to protect them.
"We need to make sure the government of Canada actually treats children fairly. Not only today, but the day after tomorrow, and the year after," said Blackstock.
Carolyn Buffalo, a mother from Montana First Nation in Maskwacis, Alta., is a representative plaintiff in the class-action for Jordan's Principle families.
Jordan's Principle is named after Jordan River Anderson, a First Nations child born in 1999 with multiple health issues that kept him in hospital from birth.
He didn't leave the hospital until he died at the age of five, as governments couldn't agree on who should pay for his home-based care on reserve.
Jordan's Principle, which was passed in the House of Commons in December 2007, committed that First Nations children get the services they need when they need them, with payments to be worked out later.
Buffalo's son Noah, 21, has cerebral palsy and requires continuous care. But Ottawa has been making that care difficult for her son to access on-reserve.
"They didn't have to enact these rules and these laws and these policies. They could have changed them at any time to accommodate our children and families," said Buffalo.
"Why should we be punished just because we have these handicapped children and we live on-reserve?"
Buffalo said Noah is "thriving" now, and she credits that in part to being close to his extended family on their ancestral homelands.
"Why should we have to leave where my grandparents lived off the land, where they raised cattle, where they did their ceremonies? Why should we have to leave that? It's so important. But we were forced to consider having to leave our home," she said.
Indigenous Services Minister Patty Hajdu and Crown-Indigenous Relations Minister Gary Anandasangaree said in a statement Monday that situations like this shouldn't happen again, and they are working on reforming the First Nations Child and Family Services program.
"This agreement is the result of tireless work from First Nations leaders," the statement reads.
"Their advocacy on the rights of Indigenous children and families is pushing Canada to do better and moves us forward on the path to reconciliation."
Part of the settlement agreement calls for an apology from the prime minister, but Blackstock and the AFN have differing opinions on the impact that apology could have.
On Oct. 16, Bernard and Manitoba regional chief Cindy Woodhouse urged Prime Minister Justin Trudeau and the federal government to apologize for the historical and systemic injustices and what they called the narrow application of Jordan's Principle.
"Prime Minister Trudeau’s public apology and acknowledgment of the devastating effects the federal child welfare program has had on so many First Nations children and families is not only necessary, but long overdue," said Bernard.
"An open apology in the House of Commons would symbolize a step forward in the spirit of reconciliation and healing."
Blackstock said victims deserve individual apologies for the harms they've experienced, but in order for an apology to be meaningful, the federal government has to change its course in how it relates to First Nations people going forward.
"The best apology Canada can make is changed behaviour; making sure it doesn't hurt another generation of kids," said Blackstock.
This report by The Canadian Press was first published Oct. 23, 2023.
Alessia Passafiume, The Canadian Press
