Canada: Ottawa in court this week over First Nations child-welfare compensation order - - PressFrom - Canada
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Canada Ottawa in court this week over First Nations child-welfare compensation order

12:00  24 november  2019
12:00  24 november  2019 Source:   cbc.ca

B.C. Chief Ed John faces historic sex charges: prosecution service

  B.C. Chief Ed John faces historic sex charges: prosecution service VANCOUVER — Ed John, a leader of the First Nations Summit and former British Columbia cabinet minister, is accused of four counts of sexual assault dating back to 1974. The B.C. Prosecution Service says in a statement that special prosecutor Michael Klein was appointed in February to look into allegations of sexual offences that were alleged to have occurred in and around Prince George. The service says Klein has approved four counts of having sexual intercourse with a female without her consent.The incidents were alleged to have occurred between March 1 and Sept. 15, 1974.Prosecution service spokesman Dan McLaughlin says the charges are alleged to involve one person.

"The Canadian Human Rights Tribunal ordered Ottawa in early September to compensate all First Nations children removed from their homes and communities through the child welfare system since Jan. 1, 2006. The ruling also covers the Yukon."

Ottawa tells court First Nation child welfare compensation order could cost billion. The proposed class action is also seeking compensation for First Nations children who Meawasige has been added to a class action lawsuit over First Nation child welfare and Jordan's Principle.

Cindy Blackstock wearing glasses and smiling at the camera: Cindy Blackstock, executive director of the First Nations Child and Family Caring Society of Canada, has been trying to get the federal government to compensate First Nations children since 2007.© Provided by Canadian Broadcasting Corporation Cindy Blackstock, executive director of the First Nations Child and Family Caring Society of Canada, has been trying to get the federal government to compensate First Nations children since 2007.

One of the most loaded and emotional issues facing the new Justin Trudeau government on its reconciliation agenda is heading to Federal Court over the next two days.

Justice Canada lawyers are set to argue against compensating First Nations children impacted by the on-reserve child welfare system.

Ottawa to argue appeal of tribunal order to compensate First Nations children

  Ottawa to argue appeal of tribunal order to compensate First Nations children OTTAWA — Federal lawyers will be in court later this morning to argue the government's appeal of a Canadian Human Rights Tribunal ruling that ordered Ottawa to pay billions of dollars in compensation to First Nations children and their families. In September, the tribunal ordered the federal government to pay $40,000 for every First Nations child who was inappropriately taken away from their parents after 2006. The Assembly of First Nations estimated that 54,000 children and their parents could be eligible for total compensation that could exceed $2 billion.

The Canadian Human Rights Tribunal ordered Ottawa in early September to compensate all First Nations children removed from their homes and communities through the child welfare system since Jan. 1, 2006. The ruling also covers the Yukon. The tribunal found that Ottawa 's conduct was "devoid

Опубликовано: 6 сент. 2019 г. Ottawa ordered to compensate First Nations children impacted by on-reserve child welfare system. Meet a young First Nations man who's just aged out of foster care - Продолжительность: 8:14 CBC News 32 335 просмотров.

In September, the Canadian Human Rights Tribunal ordered Ottawa to pay $40,000 to each First Nations child affected by the on-reserve child welfare system since 2006. The compensation order followed a 2016 tribunal decision that found the federal government discriminated against First Nations children by underfunding the on-reserve child welfare system.

'It's what my nephew needs:' Mi'kmaq family hopes court backs Human Rights Tribunal in compensation case

  'It's what my nephew needs:' Mi'kmaq family hopes court backs Human Rights Tribunal in compensation case Advocates and families of First Nations children are watching the Federal Court closely over the next two days for hearings on a landmark Canadian Human Rights Tribunal ruling over compensation."Please tell me, 'I love you,'" Augustine tells Meawasige while they sit on the couch together at their home in the Mi'kmaq community of Pictou Landing First Nation in Nova Scotia. "Say, 'I. Love. You.

Ottawa must pay potentially billions of dollars in compensation to First Nations children harmed by the on-reserve child welfare system, following a Ottawa can seek a judicial review of the decision with the Federal Court of Canada. The order stems from the landmark January 2016 tribunal ruling

Ottawa says it has started talks to settle a billion proposed class action lawsuit filed earlier this year on behalf of First Nations children affected by the on-reserve child welfare system.The Ottawa says in court filings the tribunal's compensation order could cost the government up to billion.

Ottawa has said the tribunal order could cost up to $8 billion and filed for a judicial review in October calling for the Federal Court to quash it, leading to two days of hearings beginning Monday on related legal manoeuvres.

The decision to challenge the order has drawn widespread condemnation from First Nations leaders, the NDP and the Green Party, and human rights organizations like Amnesty International.

Ottawa seeking stay of order

Ottawa will argue before the Federal Court on Monday that it should stay — or pause — the tribunal order until the judicial review application gets decided.

Ottawa has argued in court filings that the tribunal order was an overreach and that the original case was about systemic discrimination, which required a systemic fix, not individual compensation, which is the purview of class action law.

More First Nations kids deserve child-welfare compensation, federal lawyers argue

  More First Nations kids deserve child-welfare compensation, federal lawyers argue OTTAWA — The federal Liberals say they are appealing a Canadian Human Rights Tribunal ruling on First Nations children because it limits the families that could receive compensation to those affected in the last 13 years. That appeal is underway today in Ottawa, where Justice Department lawyers are asking the Federal Court for a stay of the tribunal's September order that the federal government must compensate First Nations families that were wrongly split apart by the child-welfare system.

First Nations children separated from their families by a chronically underfunded welfare system could receive more than billion in compensation . OTTAWA —A Friday ruling by the Canadian Human Rights Tribunal about Canada’s treatment of Indigenous children demands a full investigation of the

OTTAWA —Indigenous Services Minister Jane Philpott pledged immediate new funding Thursday after the The tribunal ordered the government to start paying for the “real needs” of child and family Philpott, who just last week hosted an emergency summit on child welfare with Indigenous leaders

The Federal Court will also hear arguments from the First Nations Child and Family Caring Society and the Assembly of First Nations against the stay, so that Ottawa will be forced to discuss how a compensation model could work.

Cindy Blackstock, who heads the First Nations Child and Family Caring Society which filed the original human rights complaint in 2007 with the support of the AFN, said the government has been aware since that time that it could face a compensation order.

"Integrity is when words have meaning and, so far, this government's had no integrity. It has really been putting out public statements to protect itself or to get itself a pat on the back," said Blackstock.

"Well they've been ordered to make change overnight and they should be complying with the law, just like everyone else does."

The tribunal has ordered all sides in the case — Ottawa, the First Nations Child and Family Caring Society and the Assembly of First Nations — to negotiate a method for dealing with the mechanics of the compensation and present it by Dec. 10.

Federal Court to hear 2nd day of arguments on compensation order for First Nations children

  Federal Court to hear 2nd day of arguments on compensation order for First Nations children A second day of arguments unfolds before the Federal Court on Tuesday over the federal government’s efforts to quash a human rights tribunal ruling ordering compensation for First Nations children impacted by the on-reserve child welfare system. At issue this week is a federal government motion to stay — or pause the order — until the court rules on a related application filed by Justice Canada lawyers for a judicial review aimed at quashing the tribunal's order.

Ottawa must pay potentially billions of dollars in compensation to First Nations children harmed by the on-reserve child welfare system, following a Ottawa can seek a judicial review of the decision with the Federal Court of Canada. The order stems from the landmark January 2016 tribunal ruling

Following a sexual assault that took place at an infamous Ottawa McDonald's last week , the police are reaching out to the company for help. Ottawa tells court First Nation child welfare compensation order could cost billion.

However, Ottawa has refused to participate in those discussions, choosing instead to litigate, while the other parties have already begun the work of developing potential models, according to court records.

The tribunal additionally ordered that the parents or grandparents — depending on who was the primary guardian — whose children were taken unnecessarily from their care would be eligible for at least $20,000.

The ruling also ordered $40,000 in compensation for First Nations children — along with their parent or grandparent — who had to leave their homes or failed to get services that should have been covered by Jordan's Principle between Dec. 12, 2007, and Nov. 2, 2017.

Under Jordan's Principle, the needs of a First Nations child requiring a government service take precedence over jurisdictional issues over who should pay for it.

In talks to settle proposed class-action suit

Even as those federal lawyers head into a courtroom Monday, the Trudeau government is in talks to settle a proposed class action lawsuit over the on-reserve First Nations child welfare system.

Human-rights tribunal critical of Ottawa for actions in child welfare case

  Human-rights tribunal critical of Ottawa for actions in child welfare case Human-rights tribunal critical of Ottawa for actions in child welfare caseThe tribunal has ordered the federal government to pay what likely totals billions of dollars for harm done by chronic underfunding of those services for children on reserves, including families' being split up needlessly.

Ottawa ordered to compensate First Nations children impacted by on-reserve child welfare system. Cindy Blackstock is the executive director of the First Nations Child and Family Caring Society, which filed the original complaint against Ottawa with the Assembly of First Nations in 2007.

The First Nations Child and Family Caring Society and the Assembly of First Nations (AFN) argued Ottawa owes compensation to every First Nations child that was affected by the system. The tribunal can award up to ,000 in compensation to a victim of systemic discrimination —

The proposed class action lawsuit filed in March seeks to cover First Nations children impacted by the on-reserve child welfare system dating back to 1991. The proposed class action still needs to be certified.

Justice Minister David Lametti said on Thursday that the government was responding to the proposed class-action case "in good faith."

Lametti would not confirm that the proposed class-action was Ottawa's preferred mechanism to settle the matter, but he indicated that something could emerge on that front in the "coming days."

Lametti also reiterated the government's position that it wants to settle the matter through negotiations.

"We are looking to settle," he said.

"We're talking about kids here and their families, who have been hurt over a period of years and we want it to be comprehensive and fair, and sitting down and negotiating is the best way forward."

Federal lawyers argued against compensation during hearings before the human rights tribunal last spring.

Crown-Indigenous Relations Minister Carolyn Bennett said on Thursday that the tribunal order only covers children dating back to 2006. She said Ottawa would rather include children going back to 1991, to pick up where the Sixties Scoop settlement left off.

"There are a lot of people who would be unfortunately on the wrong side of that date and not dealt with in a fair way," said Bennett.

Court rejects federal government's bid to put Indigenous child welfare ruling on hold

  Court rejects federal government's bid to put Indigenous child welfare ruling on hold OTTAWA — The Federal Court has rejected a request from Ottawa to press pause on a Canadian Human Rights Tribunal ruling ordering compensation for First Nations children who were unnecessarily removed from their families and communities due to underfunding of the on-reserve child welfare system.  The decision means the federal government will have to submit a plan to the tribunal by Jan. 29, 2020 detailing how compensation could be paid out. However, Ottawa will continue to fight the tribunal’s ruling in court, arguing there are flaws in its decision.

Child welfare advocates, the Assembly of First Nations and the Canadian Human Rights Commission are confronting the federal government in federal court this week over what they say is systematic -- and discriminatory -- underfunding for child welfare . They say the case has broad implications for the

ruling ordering Ottawa to pay billions of dollars in compensation to First Nations children and their families separated by a chronically underfunded child - welfare system. “ This is beyond unacceptable. The government of Canada is once again preparing to fight First Nations children in court

Bennett denied that Ottawa was fighting the tribunal order to avoid paying compensation twice.

a man wearing a suit and hat: Justice Minister David Lametti said the federal government wants to settle the matter through negotiations.© Provided by Canadian Broadcasting Corporation Justice Minister David Lametti said the federal government wants to settle the matter through negotiations.

AFN National Chief Perry Bellegarde said Ottawa needs to do the right thing and accept the tribunal order.

"You're compensating the individuals for being taken away, the apprehension, because that's very deep, that's very scarring," said Bellegarde.

"That hurts a person's soul when you're taken away from your family, your community."

Bellegarde said he is also in favour of resolving the matter through an out of court settlement — similar to what would happen with the proposed class action.

"That speeds things up," said Bellegarde.

"Of course then you don't waste any resources, human or financial, within a court system. Sometimes that's flawed and takes many years. If you can find a quicker way to deal with that, it makes sense."

Nishnawbe Aski Nation Grand Chief Alvin Fiddler, whose organization represents 49 First Nations in northern Ontario, said he was tired of facing delaying tactics.

"If you're serious about reconciliation or if you're serious about honouring what this government has said, that there's no relationship more important to them than with the Indigenous community or with the Indigenous people, you follow that up with action," Fiddler said.

"You honour your word by following through with in this case working in good faith with all the parties to ensure that our kids have a just settlement."

The hearings will be held at the Supreme Court of Canada building in Ottawa.

Assembly of First Nations recognizes B.C.'s historic UNDRIP legislation .
Bill 41 passed unanimously in the B.C. Legislature one week ago, mandating that policies and laws be brought into harmony with the United Nations Declaration on the Rights of Indigenous Peoples.Horgan was addressing the opening day of the Assembly of First Nations Special Chiefs Assembly in Ottawa, the first time a sitting premier has been invited to do so.

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