Question Period Note: Canadian Human Rights Tribunal

To date, we are in full compliance with all of the CHRT’s orders prior to September 2019 in order to address the over-representation of First Nations children in care.
We’ve almost doubled funding to child and family service and over 483, 000 Jordan’s Principle requests have been approved.
Federal legislation to fundamentally reform the child and family services system takes effect on January 1st.
We agree with the most recent order on compensation for First Nations children harmed by government policies.
What the CHRT asked parties to do is sit down and work out what the compensation process looks like and that is exactly what we’re doing.

Child and Family Services
Indigenous Services Canada (ISC)'s First Nations Child and Family Services (FNCFS) Program provides funding to support the safety and well-being of First Nation children on reserve. Funding is provided to FNCFS agencies, provinces and the Yukon Territory to support the delivery of prevention and protection services on-reserve. ISC does not deliver the services. These services are provided in accordance with the legislation and standards of the province or territory of residence and in a manner that is reasonably comparable to those available to other provincial residents in similar circumstances, within ISC’s Program authorities. Funding under the FNCFS Program is provided according to a prevention-based funding model.
In 2016, the Canadian Human Rights Tribunal found Canada’s FNCFS Program to be discriminatory and ordered Canada to immediately remedy the discrimination. On February 1, 2018, the Tribunal added items to its previous order, including paying the actual costs of FNCFS agencies in prevention and other areas. The Department is working closely with the parties to the complaint – the Assembly of First Nations, the First Nations Child and Family Caring Society, the Chiefs of Ontario, Nishnawbe Aski-Nation, the Canadian Human Rights Commission and Amnesty International – to fully implement the various orders of the Tribunal.
In January 2018, the Government of Canada hosted an Emergency Meeting on Indigenous Child and Family Services, with national and regional Indigenous leadership, as well as federal, provincial and territorial governments, to discuss the causes that lead to the high rate of Indigenous children in care and how to work together toward systemic reform. At that meeting, the Government announced its commitment to six points of action that included continuing to fully implement previous CHRT orders (from 2016 and prior to September 2019); reform First Nations child and family services including moving to a flexible funding model; and work with partners to shift the focus of programming to culturally-appropriate prevention, early intervention, and family reunification.

On September 6, 2019, the CHRT released an order on compensation. The Tribunal ordered Canada to pay the maximum amount of $40,000 ($20,000 for pain and suffering and $20,000 for wilful and reckless conduct) per child and parent or grandparent. Canada is required to report back to the Tribunal by December 10, 2019, on a compensation process agreed to by the complainants. On October 4, 2019 the Attorney General of Canada filed a Notice of Application for Judicial Review and a Motion to stay with the Federal Court. The compensation ruling remains in effect unless it is stayed by the Federal Court. A decision on the application for judicial review is not expected until March 2020 at the earliest.

There are four orders to come from the CHRT on the following issues: 1) major capital; 2) band representative services actual costs; 3) small agencies; and 4) the definition of a First Nations child for the purposes of Jordan’s Principle.

If pressed on compensation

We fully agree – we must compensate First Nations children harmed by past government policies.
We’re seeking a solution that is comprehensive, fair, & equitable.
That is why I have instructed my Assistant Deputy Minister to work with those involved in the CHRT and those involved in the Moushoom class action to develop the best possible method that includes all affected children.
Nothing about our commitment to implement other orders from the CHRT or reforming child and family services changes. This work will continue.

If pressed on compensation

Our commitment to compensate First Nations children harmed by past child and family service policies is firm.
We share the goal of the Parties to the Tribunal a comprehensive, fair and equitable resolution to compensate Indigenous children harmed by past government policies. We will also continue to work to certify the Xavier Moushoom and Jeremy Meawasige class action.
Nothing about our commitment to implement other orders from the CHRT or about reforming child and family services has changed.
We have demonstrated our commitment to this shared priority and will continue to do so.

If pressed further on compensation (Child and Family Services)

We are seeking a solution that will provide comprehensive, fair, and equitable compensation for Indigenous children harmed by past government policies.
That solution must be more inclusive than what is proposed offered by the decision of the Canadian Human Rights Tribunal (CHRT), which imposes a time frame and population limits that could keep some children from being compensated for their suffering.
Through the Tribunal, we have achieved some progress.
It is now time to ensure all affected are included in discussions about compensation.

If pressed further on House of Commons Resolution on the Historic Ruling of the CHRT

We continue to fully implement the Canadian Human Rights Tribunal’s previous orders to address the over-representation of First Nations children in care and meet their needs.
We are also seeking a solution that provides comprehensive, fair, and equitable compensation for First Nations children harmed by past government policies.
As requested by the Tribunal, we will work with partners to develop a culturally safe process that respects the rights and privacy of children that have been harmed by past government policies.
We remain committed to addressing the needs of First Nations children and will continue to work with partners on this shared priority.

Jordan’s Principle – Specific Case (M.J.)

We are working with partners to advance the well-being of Indigenous children.
While we cannot comment on a specific case, we are committed to ensuring that no ‎First Nations child faces barriers in receiving the support or service he or she needs due to discrimination.
Over 478,000 requests for supports and services have been approved for children since 2015.
We will be continuing conversations with the parties to the Tribunal to address any outstanding concerns.

Jordan’s Principle-First Nations Identity

Our Government is working with partners to continue full compliance of Tribunal orders on Jordan’s Principle.
For Jordan’s Principle, we have expanded eligibility to non status First Nations children living on reserve, non status First Nations children who could be eligible for status, and non-Status Indigenous children ordinarily resident on reserve.
We will continue working with First Nations leadership with the aim of reaching consensus on this important issue outside of the Tribunal process.