The Canadian Human Rights Tribunal ruled on Friday the federal government must pay $40,000 to each child placed in on-reserve care since the beginning of 2006. (The Canadian Press)

By Spencer Sterritt

LANDMARK DECISION

Hundreds of area Indigenous youth to receive compensation for federal gov’t failures

Sep 6, 2019 | 7:01 AM

NANAIMO — A major windfall is incoming to Indigenous youth and their families throughout the mid-Island area.

The Canadian Human Rights Tribunal announced Friday, Sept. 6 Indigenous youth removed from their home and placed into the welfare system will receive $40,000 each from the federal government.

The decision followed a January 2016 ruling which said the federal government discriminated against Indigenous children by under-funding on-reserve child welfare services.

“Canada was aware of the discrimination and of some of its serious consequences … Canada focused on financial considerations rather than on the best interests of First Nations children and respecting their human rights.” _{Canadian Human Rights Tribunal}

Staff with Nanaimo-based Indigenous service provider Kw’umut Lelum estimated this ruling will affect hundreds of Indigenous youth throughout their service area from Qualicum to the Malahat.

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As a former youth in care, Frankie Shaw said it’s a decision which validates all the hardship she went through.

“It broke my family. I work hard now every day to rebuild and repair the harm and it was wrong.”

Shaw said no financial amount will heal the wounds she and her family endured, but said the acknowledgement from the tribunal goes much further.

Parents who’s children were taken away through disruptive measures by the government will also receive $20,000 per child taken.

However, parents who caused harm or abused their children will not be compensated.

“The removal of our children without putting in place proper supports or services is discrimination and has caused utmost harm to our people,” Kw’umut Lelum executive director Bill Yoachim said.

“Let us hope this marks a turning point and Canadians, as well as child welfare officials, take the human rights of First Nations families more seriously.”

In total, the federal government is ordered to pay more than $2 billion in compensation to Indigenous children and their families across Canada.

The $40,000 received by each child is the maximum amount of damages which can be awarded.

The Assembly of First Nations says as many as 54,000 children could be eligible for the compensation.

Numerous discussions still need to happen to sort out logistical issues involving the money, such as establishing trust funds and opt-out provisions.

— with files from The Canadian Press

spencer@nanaimonewsnow.com

On Twitter: @spencer_sterrit