Justice for children

On the long road to reconciliation, progress can be halting and mirage-like, when promises of action too often fail to materialize. That’s certainly been the case with the Ottawa’s handling of child welfare for First Nations families.

That’s why it was heartening to hear news this week of an agreement on details of a landmark settlement to compensate children who had been removed from their homes or denied social and health services because of years of federal underfunding. This tangible achievement means that compensation for the systemic bias against Indigenous children is closer to happening.

It follows the January announcement that a deal had been reached in principle. Given the scope and complexity of this $20 billion settlement, it was not unreasonable to think that negotiations might drag out or worse, a deal on the details might never be reached.

There is a long and difficult history to this issue. In 2016, the Canadian Human Rights Tribunal ruled that Ottawa was discriminating against First Nations children and families living on reserve, finding that the funding provided for children welfare services was inadequate for the needs, a shortfall it says the federal government knew existed.

“It is only because of their race and/or national or ethnic origin that they suffer the adverse impacts,” the tribunal ruled, adding that the discrimination perpetuates the “historical disadvantage and trauma suffered by Aboriginal people.”

The government was ordered to “cease its discriminatory practices,” reform its child welfare program and implement the full spirit of Jordan's principle, meant to ensure that First Nations children get services they need.

That is named after Jordan Rivers Anderson, a member of the Norway House Cree Nation. He suffered from a muscular disorder and spent his life in hospital as governments argued over which one should pay for his care.

The agreement this week, reached between the Assembly of First Nations, parties to a class action and the federal government, is meant to compensate children who were removed from their homes as well as those who were shut out of essential government services or got substandard treatment along with those who were caregivers.

“First Nations children have always deserved to be treated fairly and equitably, and this $20 billion compensation settlement recognizes that this was not the policy nor the practice,” Assembly of First Nations Manitoba Regional Chief Cindy Woodhouse said in a statement.

(The government in January also pledged to invest a further $20 billion to reform First Nations child welfare programs.)

The agreement still needs to be ratified by the human rights tribunal and the Federal Court. It’s hoped those approvals will come in the months ahead, allowing the money to flow next year.

Yes, it’s a big sum. But it’s meant to compensate for incalculable harm. As the tribunal ruling noted, the funding formula provided more incentives for taking children out of their homes than funding early interventions that kept them with their families.

The First Nations Child & Family Caring Society, which has led the push for justice, is seeking clarification on several aspects of the final agreement, notably whether it guarantees $40,000 in compensation to all those affected, as ordered by the tribunal, and who exactly is eligible. Such clarifications are important.

“We believe that victims who were harmed by Canada’s discrimination and are already legally entitled to 40K per person in compensation under the Tribunal’s orders must get their money,” Cindy Blackstock, the organization’s executive director, said on social media.

The agreement announced this week marks another step in the long road to justice for children failed by Ottawa.

As the tribunal ruling noted, the funding formula provided more incentives for taking children out of their homes than funding early interventions that kept them with their families