The Assembly of First Nations and the First Nations Child and Family Caring Society said they have announced a revised final settlement agreement in a landmark child-welfare case.
The new proposal increases the federal government’s settlement spend to $23 billion — up from $20 billion — to compensate First Nations children and families who have experienced discrimination in the child welfare system.
“This compensation recognizes the serious harms First Nations, children, youth, and families suffered including unnecessary family separations and the denial of life saving and life wellness services,” said Cindy Blackstock, the executive director of FNCFS, in a release Monday.
“To truly honour them and the residential school and 60s scoop survivors, we must ensure this is the last generation of First Nations children who are hurt by the Government of Canada. That work continues and they are our inspiration to get it right.”
The AFN, which represents more than 600 First Nations across the country, has been working to negotiate a deal after the Canadian Human Rights Tribunal in 2016 found that Canada discriminated against First Nations children by paying less for child welfare services on-reserve compared to those offered off-reserve.
On the last day of 2021, Canada unveiled a $40-billion package to settle two class action lawsuits related to First Nations child welfare discrimination and Jordan’s Principle, a legal rule that ensures all First Nations children can access necessary services without delay.
The tribunal ordered the federal government to pay each child, parent or caregiver impacted $40,000, the maximum amount under the tribunal’s powers.
The government’s original proposal slated $20 billion for long-term reforms to the system and $20 billion to compensate children and families.
But the tribunal agreed with concerns raised by Blackstock that the proposed $20 billion would leave some people out of the agreement and decided against approving the original settlement.
AFN Regional Chief for Manitoba, Cindy Woodhouse said the $3-billion increase will ensure they reached the “best possible agreement” to compensate children and families harmed.
“We’ve held our children, youth, and families in our hearts and in our prayers throughout negotiations,” said Woodhouse in a release Monday. “The Canadian Human Rights Tribunal has been clear there was more work to do to satisfy its orders to ensure Canada provided proper compensation and other remedies for the racial discrimination imposed on First Nations by Canada.”
The settlement agreement will be presented this week to the Special Chiefs Assembly for approval, after which the agreement will be brought to the Canadian Human Rights Tribunal and the Federal Court of Canada for approval.
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