Canada Files for Judicial Review of Human Rights Tribunal Decision to Reject First Nations Child Welfare Compensation Agreement

Canada has filed an application for judicial review over a Canadian Human Rights Tribunal decision to reject their First Nations child welfare compensation agreement.

Last September, the Tribunal ordered Ottawa to pay $40,000 to every child who suffered under Canada’s discriminatory on-reserve child welfare system since 2006.

In July, a $40 billion final agreement was reached, $20 billion of which was to go towards compensating First Nations children.

But, that agreement was subject to approval by the Tribunal, who rejected the agreement late last month for failing to meet their criteria.

They say that the $20 billion cap is not enough to ensure every child and caregiver receives the $40,000 laid out in their initial decision.

In addition, the agreement leaves out those from non-federally funded facilities, the estates of deceased caregivers, those denied Jordan’s Principle coverage, and more.

Ottawa was legally required to respond to the decision within 30 days, which they have now done by filing for the review.

They say the on-going judicial matters will not interfere with work to reform the First Nations child and family services system.