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Home World Indigenous child compensation deal falls short: Canadian tribunal | Indigenous Rights News

Indigenous child compensation deal falls short: Canadian tribunal | Indigenous Rights News

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The Human Rights Court said the plan did not meet all the requirements for victims of Canada’s discriminatory child welfare policy.

Indigenous children who face discrimination in the welfare system, the Canadian Human Rights Court said the government’s plan did not meet all requirements and could exclude some individuals affected by the policy. declined to agree to indemnify

Canada announced in early January that it had reached C$40 billion. [$29bn] Commit to reforming the First Nations Child and Family Services Program to compensate Indigenous children who have been displaced from their homes or who have been denied or delayed access to services. increase.

The final settlement, which Canada said was the largest in its history, was announced this summer.

However, the Canadian Court of Human Rights (CHRT) expressed concern in a decision published on Tuesday, Oct. 24, that the agreement could reduce the wages of some children and caregivers. Did.

It also said the property of the deceased guardian may not receive compensation and payments to children not receiving funding from Ottawa may be denied.

The court’s refusal to reach an agreement “disappoints many indigenous peoples,” said Indigenous Services Minister Patti Haju, adding that the plan “provides culturally specific benefits for indigenous peoples.” It was designed in a way,” he said.

But the First Nations Child and Family Careing Society, a group spearheading a years-long battle to get Canada to compensate Indigenous children and their families who were unjustly forced into the welfare system, said the courts welcomed the decision of

The CHRT said it had confirmed Canada’s “minimum payment obligation of $40,000.” [Canadian dollars] Provides “Human Rights Compensation” to all victims covered by government child welfare policies.

“The dramatic underfunding of Canada’s child and family services has contributed to thousands of unnecessary family separations between 2006 and 2022,” the organization said in a statement.

“We believe the Court’s decision is a step in the right direction towards reconciliation. The immediate payment of reparations and assistance.”

Indigenous community advocates have called for Canada to comply with the 2016 CHRT decision, which found that the federal government discriminated against Indigenous peoples in the provision of child and family services.

The court said at the time that this discrimination had led to more Indigenous children being placed in foster care, and ordered Canada to pay $40,000 ($23,114) for each affected child. This is the maximum amount allowed under the Canadian Human Rights Act.

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According to Census data, just over 52% of children in foster care in 2016 were indigenous, and indigenous children only make up 7.7% of the country’s total child population.

Canada has acknowledged that its system is discriminatory, but has repeatedly opposed orders requiring compensation payments and funding for reform.

A government spokesperson said Tuesday it was not yet clear whether the negotiating parties would have to start from scratch or could amend the agreement in a manner acceptable to the courts.

Indigenous leaders said the ruling would delay compensation for more than 300,000 children and their families.

But Tuesday’s decision will not stop work on an agreement on institutional reform, Haidu told reporters in Ottawa, pledging to continue working with indigenous partners.

“My commitment to these partners is to stay with them for the long term until an agreement is reached,” the minister said.

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