A legal battle between Ottawa and Indigenous children more than a decade and a half in the making has finally ended today.
An agreement between Canada, and the groups representing the children who suffered under the on-reserve child welfare system has been reached.
In September, Federal Courts voted to uphold a 2016 Human Rights Tribunal decision to compensate the children and their families.
That tribunal ordered Ottawa to pay 40 thousand dollars to each child who was part of the system since 2006, and equal payments to those denied Jordan’s Principle coverage.
The next month, Canada decided to appeal the Court’s decision, but litigation was paused to work on an out-of-court settlement.
During their budget announcement for this year, the Federal Government set aside 40 billion dollars to go towards compensation and future system improvements.
On Friday, just in time for their self-imposed deadline, an agreement was reached with the multiple groups representing the children.
The in principle agreements will see $20 billion dollars given to Indigenous children on reserve and in the Yukon taken from their homes between April 1, 1991 and March 31, 2022, and for their parents and caregivers.
Compensation will also be given out to those affected by the government’s definition of the Jordan’s principle between December 12, 2007 and November 2, 2017, and for kids who did not get or were delayed getting an essential public service or product between April 1, 1991 and December 11, 2007.
About $20 Billion dollars will be given out over a span of 5 years to make sure that the discrimination shown by the First Nations Child and Family Services program won’t happen again. This will also include giving funding to younger Indigenous adults who are no longer eligible for the child welfare system in order to help Indigenous families stay together, which should be implemented as early as April 2022.
Funding will also be given out to help with on reserve housing to ensure the plan to keep families together will be successful.
More negotiations will take place in order to reach final settlement agreements on both the compensation and the long-term reform of the First Nations Child and Family Services program.
The parties will need finalize the agreement by March 31st and it will have to be approved by the Canadian Human Rights Tribunal and the Federal court before it gets finalized.
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