Feds appeal First Nations child compensation order but launch resolution talks

The federal government will appeal a Federal Court decision to uphold a Canadian Human Rights Tribunal (CHRT) order requiring Ottawa compensate First Nations children, but plans to resolve the dispute outside of court. Late Friday evening, the government filed a notice of appeal arguing the Federal Court erred in finding that the CHRTC acted “reasonably” by ordering complete compensation for children, their parents, or grandparents for being unnecessarily removed from their communities since 2006.

Late Friday evening, the government filed a notice of appeal arguing the Federal Court erred in finding that the CHRTC acted “reasonably” by ordering complete compensation for children, their parents, or grandparents for being unnecessarily removed from their communities since 2006.

Moments later, Indigenous Services Minister Patty Hajdu published a statement noting that Ottawa and the Indigenous groups on the other side of the lawsuit have agreed to “sit down immediately” to reach a resolution by December 2021.

The appeal is active but the government will pause the litigation for two months.

The two sides will look to agree on: providing “fair, equitable compensation” to First Nations children on-reserve and in the Yukon who were removed from their homes by child and family services agencies; achieving “long-term reform” of the First Nations and Family Service program; and, delivering funding for the “purchase and/or construction of capital assets” that support the delivery of child and family services.