A federal judge on Wednesday upheld claims of systemic underfunding of First Nations child welfare programs, leaving taxpayers potentially on the hook for $15 billion..Blacklock’s Reporter said federal lawyers have been fighting the case since 2007..“The underlying matters in this application have been ongoing for over a decade,” wrote Justice Paul Favel of the Federal Court..Favel called it an “extraordinary proceeding which involves a vulnerable segment of our society.”.The court upheld a 2019 decision of the Canadian Human Rights Tribunal that found race-based discrimination under a 1965 Child Welfare Agreement with First Nations children and their families. Children were disadvantaged in breach of the Canadian Human Rights Act, the tribunal said..“No one can seriously doubt First Nations people are among the most disadvantaged and marginalized members of Canadian society,” wrote Favel..“The tribunal was aware of this and reasonably attempted to remedy the discrimination.”.The tribunal awarded $40,000 to eligible children, their parents or grandparents including $20,000 each for pain and suffering..Federal lawyers argued claimants should be required to show “proof of harm,” an argument dismissed by the Court..“Awards for pain and suffering under the Canadian Human Rights Act are compensation for the loss of one’s right to be free from discrimination, from the experience of victimization and the harm to their dignity,” wrote Favel..“A victim is not required to prove loss..“It is inappropriate to read quasi-constitutional legislation in a way that denies victims resolution of their complaint because of a technicality.”.Lawyers for the First Nations Child and Family Caring Society told the court “the evidence was clear that First Nations children have endured pain and suffering,” and that “Canada’s knowledge of the harms being caused warrants a finding of wilful and reckless discrimination.”.The Parliamentary Budget Office in a report last February 23 said compensation would affect as many as 250,000 children, parents and grandparents and “would cost $15 billion.”.“Each affected child is entitled to $40,000,” said the Budget Office report..“Any care-giving parents of that child are also each entitled to $40,000 or, if the parents were absent and the children were in the care of one or more grandparents, any care-giving grandparent of the child are each entitled to $40,000.”
A federal judge on Wednesday upheld claims of systemic underfunding of First Nations child welfare programs, leaving taxpayers potentially on the hook for $15 billion..Blacklock’s Reporter said federal lawyers have been fighting the case since 2007..“The underlying matters in this application have been ongoing for over a decade,” wrote Justice Paul Favel of the Federal Court..Favel called it an “extraordinary proceeding which involves a vulnerable segment of our society.”.The court upheld a 2019 decision of the Canadian Human Rights Tribunal that found race-based discrimination under a 1965 Child Welfare Agreement with First Nations children and their families. Children were disadvantaged in breach of the Canadian Human Rights Act, the tribunal said..“No one can seriously doubt First Nations people are among the most disadvantaged and marginalized members of Canadian society,” wrote Favel..“The tribunal was aware of this and reasonably attempted to remedy the discrimination.”.The tribunal awarded $40,000 to eligible children, their parents or grandparents including $20,000 each for pain and suffering..Federal lawyers argued claimants should be required to show “proof of harm,” an argument dismissed by the Court..“Awards for pain and suffering under the Canadian Human Rights Act are compensation for the loss of one’s right to be free from discrimination, from the experience of victimization and the harm to their dignity,” wrote Favel..“A victim is not required to prove loss..“It is inappropriate to read quasi-constitutional legislation in a way that denies victims resolution of their complaint because of a technicality.”.Lawyers for the First Nations Child and Family Caring Society told the court “the evidence was clear that First Nations children have endured pain and suffering,” and that “Canada’s knowledge of the harms being caused warrants a finding of wilful and reckless discrimination.”.The Parliamentary Budget Office in a report last February 23 said compensation would affect as many as 250,000 children, parents and grandparents and “would cost $15 billion.”.“Each affected child is entitled to $40,000,” said the Budget Office report..“Any care-giving parents of that child are also each entitled to $40,000 or, if the parents were absent and the children were in the care of one or more grandparents, any care-giving grandparent of the child are each entitled to $40,000.”
