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

09:50  28 november  2019
09:50  28 november  2019 Source:   msn.com

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OTTAWA — The Canadian Human Rights Tribunal is pushing back the deadline for Ottawa to get rolling on compensation for First Nations children and their families over child welfare services, but the delay comes with a sharp rebuke for the federal government over its actions in the case .

OTTAWA — Advocates fighting for First Nations children and families ripped apart by an underfunded child welfare system say the Trudeau government should stop challenging a Canadian Human Rights Tribunal order that Human rights tribunal critical of Ottawa for actions in child welfare case .

a group of people standing next to a body of water© Provided by The Canadian Press

OTTAWA — The Canadian Human Rights Tribunal is pushing back the deadline for Ottawa to get rolling on compensation for First Nations children and their families over child-welfare services, but the delay comes with a sharp rebuke for the federal government.

The 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.

Now the rights tribunal has sent a letter to the government, as well as the First Nations Child and Family Caring Society and other parties involved in the case, saying they have until Jan. 29 to figure out a way forward on the compensation package. That includes which families should be compensated and how and when the money should be given.

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

  Ottawa in court this week over First Nations child-welfare compensation order Ottawa will argue before the Federal Court on Monday that the Canadian Human Rights Tribunal order to compensate First Nations children impacted by the on-reserve child welfare system since 2006 should be paused.Justice Canada lawyers are set to argue against compensating First Nations children impacted by the on-reserve child welfare system.

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 The class- action case was filed last March. Federal lawyers began negotiating with the plaintiffs' lawyers earlier this fall.

OTTAWA — The federal Liberals say they are appealing a Canadian Human Rights Tribunal ruling on First Nations children because it limits the families Instead, a settlement in a separate class- action case brought earlier this year will be pursued, the government said in a statement this morning from

The original deadline was Dec. 10. Prime Minister Justin Trudeau has said the deadline is impossible to meet because the 40-day federal election campaign left the government in caretaker mode for much of the negotiation period set in the September ruling.

But the tribunal makes clear it is revising the date against its will because the government has done nothing to work with the other two parties to meet the deadline.

"The panel feels 'cornered' and does not appreciate it," reads the letter from tribunal registry officer Judy Dubois.

The letter says rather than consult with the other parties, all the government has done is go to court to challenge the tribunal's order. The letter notes the government could have asked the tribunal for a delay on the deadline right away, but didn't do that until mid-November, when it said it was concerned the Federal Court wouldn't have enough time to rule before the Dec. 10 deadline.

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.

OTTAWA — The federal Liberals say they are appealing a Canadian Human Rights Tribunal ruling on First Nations children because it limits the families Instead, a settlement in a separate class- action case brought earlier this year will be pursued, the government said in a statement this morning from

6 Canadian Human Rights Tribunal order — that Ottawa provide ,000 in compensation to each First Nations child impacted by the child - welfare Blackstock said the class action actually leaves people out because it doesn't include the parents or grandparents of apprehended children in its

A spokesman for Indigenous Services Minister Marc Miller said Wednesday the government "strongly agrees" the children who were hurt by government policies must be compensated.

"We're seeking a solution that will provide comprehensive, fair and equitable compensation for First Nations children in care," Kevin Deagle said in an email.

He said more time will allow for a better outcome.

The statement did not address the clear irritation the tribunal has with the government's behaviour.

The tribunal ruled in September that Ottawa was to pay $40,000 to each First Nations child who had been inappropriately placed in foster care because of the federal government's continued underfunding of the child-welfare system for children living on reserves. The same compensation was to go to any parents or grandparents whose children or grandchildren were taken away, and to kids who were refused essential services.

'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.

In September, the Canadian Human Rights Tribunal ordered Ottawa to pay ,000 to each First Nations child affected by the on-reserve child welfare Ottawa has argued in court filings that the tribunal order was an overreach and that the original case was about systemic discrimination, which

OTTAWA – The federal government discriminated against children on reserves in its funding of child welfare services, the Canadian Human Rights Tribunal said in a landmark ruling Tuesday. The quasi-judicial body published its findings nine years after a complaint from the Assembly of First Nations and

While provincial governments have jurisdiction over child-welfare programs, the federal government is responsible for funding the services on reserves. The caring society and the Assembly of First Nations filed a human-rights complaint alleging discrimination against kids living on reserves because the money Ottawa provided was much less than what provincial governments provided for all other kids. It left on-reserve children more likely to be forced into foster care.

The case dragged on for nine years before the tribunal ruled in 2016 that the federal government's lesser funding was discriminatory. It awarded the compensation in September after finding the discrimination was both wilful and reckless and therefore worthy of the maximum award under the law.

Cindy Blackstock, executive director of the caring society, said Wednesday her organization will still file its findings and suggestions to the tribunal on Dec. 10. She said over the last two-and-a-half months, the society has met with First Nations youth who were in care to get their views; researched brain development for an idea of when a child might be old enough to properly handle receiving the compensation; and worked on issues like what to do if a victim has died, is in prison or is mentally incapacitated.

Dubois says in the letter the tribunal is aware of the work done by the society and the Assembly of First Nations and is very appreciative of their efforts.

This report by The Canadian Press was first published Nov. 27, 2019.

Mia Rabson, The Canadian Press

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.

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