An agreement has finally been reached to compensate First Nations children and families harmed by Canada’s discriminatory child welfare system.
Last September, a Canadian Human Rights Tribunal ordered Ottawa to pay $40,000 in compensation to all children who suffered under the on-reserve child welfare system since 2006.
It also ordered them to make equal payments to children denied Jordan’s Principle coverage between 2007 and 2017.
Canada opted to appeal that decision before pausing litigation and coming to an agreement-in-principle in January.
Now, after months of working with the Assembly of First Nations and plaintiffs of the Moushoom and Trout class actions, a final agreement has been reached.
Under the agreement, all children removed from their homes under the First Nations Child and Family Services Program between April of 1991, and March of 2022, are eligible for compensation.
Also eligible are children denied Jordan’s Principle coverage between December 2007 and November 2017, as well as children denied an essential public service or product between April of 1991 and December of 2007.
Caregiving parents or grandparents may also be eligible to receive compensation.
Now, the agreement must be accepted by the Human Rights Tribunal before it can come before federal courts for approval, and implementation can begin.
In total, the agreement sets aside $20 billion of the $40 billion initially earmarked for compensation and improvements to the system.
A separate settlement, currently under negotiation, will determine how the remaining $20 billion will be spent to reform the Indigenous child welfare system.
