Ana Levesque, L’Université d’Ottawa / University of Ottawa
The government of Canada announced that it had reached agreements early this week to compensate First Nations victims of their discriminatory child welfare system and to fund long-term reform of First Nations Child and Family Services and Jordan Principle – a legal rule that aims to guarantee equitable access to public services for First Nations children.
The agreements were reached in principle after nearly two months of negotiations between the First Nations Family and Child Care Society, the Assembly of First Nations, the Heads of Ontario, the Nishnawbe Aski Nation and the attorneys in two cases of class action lawsuit: Xavier Moushoom Y Trout Zach.
As a researcher in public interest and human rights litigation, and one of the attorneys who represented the First Nations Child and Family Caring Society in its human rights case, she led to a landmark victory in 2016 before the Canadian Court for Human Rights and affirmed the right to equality for more than 165,000 First Nations children – here’s what you need to know about the settlements.
What’s in the agreements?
The agreements represent a commitment by the parties involved to work together to agree on the details to compensate First Nations children and their caregivers who were harmed by Canada’s discriminatory conduct. They also include a commitment to develop and implement long-term reforms to end ongoing racial discrimination.
One settlement includes $ 20 billion in compensation for First Nations children on the reservation and in the Yukon who were removed from their homes by child and family service agencies between April 1, 1991, and March 31, 2022.
Includes compensation for those who were affected by the government’s narrow definition of the Jordan Principle between December 12, 2007 and November 2, 2017, and for children who did not receive or were delayed in receiving a public service or product essential between April 1, 1991 and December 11, 2007.
The other agreement includes approximately $ 20 billion for long-term reform of the First Nations Children and Family Services Program. These reforms include additional resources to develop and implement prevention initiatives that will help children and families stay together and could be implemented starting in April of this year.
Legal basis for agreements in principle
The long-term compensation and reform in the settlements are intended to address a landmark decision made by the Canadian Court of Human Rights (CHRT), which concluded that Canada was racially discriminating against First Nations children and their families based on your race, ethnicity and / or national origin, as opposed to Second. 5 of the Canadian Human Rights Act (CHRA).
In particular, the CHRT found that Canada’s funding and provision of welfare services create incentives to bring children into state care and perpetuate the disadvantages historically suffered by First Nations Peoples in Canada.
The CHRT also found that Canada was applying the Jordan Principle too narrowly and in a way that caused First Nations children to be denied equitable public services. Surprisingly, Canada chose not to comply with the legally binding decision and the court was required issue more than a dozen default orders which detailed the precise measures the government must take to reduce the harmful impacts of discrimination against First Nations children and their families.
In one of the non-compliance orders, the CHRT described Canada’s discrimination against First Nations children as “worst of cases”Under the CHRA and found their conduct to be deliberate and reckless.
The Federal Court of Canada agreed with the CHRT and found its conclusions to be reasonable. By dismissing Canada’s judicial reviews, the Federal Court also urged Canada to act now to remedy this unprecedented discrimination in order to fix its damaged relationships with Indigenous Peoples in Canada.
Why compensation and long-term reform are key
While no amount of money can remedy the harm suffered by First Nations children as a result of Canada’s discrimination, compensation is an essential element in acknowledging the human rights violations they have experienced.
As the highlights UN Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-repetition, compensation allows “victims to gain trust in the state, to be recognized as rights holders and, potentially, to be empowered. “
Compensation is also important to the government of Canada, the perpetrator, because it shows that they understand your conduct was wrong. Compensation helps promote accountability.
Most importantly, long-term reform of child welfare services for First Nations children and implementation of the Jordan Principle are required to end ongoing discrimination in Canada.
As stated to Marie Wilson (one of the three commissioners of the Truth and Reconciliation Commission of Canada) during the course of the litigation, the harms children experience today when they are separated from their families, homes and communities are comparable to the experiences of those who attended residential schools.
All of this is necessary to ensure that no other generation of First Nations children is harmed by Canada’s discriminatory behavior.
What remains to be done?
What emphasized by Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society, the agreements are not binding for now and important discussions are yet to take place in 2022. Success must be measured by the actual impact on the lives of First Nations children.
While the agreements were reached in response to a 15-year legal battle against Canada, these legal victories would not have been possible without the support of Canadians. After the Graves of children who died were found in Indian residential schools.Countless Canadians stood in solidarity with indigenous communities and demanded that the government not repeat the mistakes of the past.
This year, public support will be needed more than ever to ensure that the spirit of the agreement is upheld and translated into meaningful change for First Nations children. As stated by a survivor of Canada’s discriminatory child welfare systemThere will be a better future for First Nations children if the injustices they experienced are no longer ignored and their stories heard.
Ana Levesque, Assistant Professor, Faculty of Law, L’Université d’Ottawa / University of Ottawa
This article is republished from The conversation under a Creative Commons license. Read the Original article.
Reference-ygknews.ca