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Latest Federal Challenge to Human
Rights Tribunal Decision All Out to Oppose State-Organized Racist Discrimination and Social Irresponsibility! Hold the Government to Account!The federal government has once again filed an appeal in Federal Court to overturn the 2019 decision of the Canadian Human Rights Tribunal (CHRT) that compensation be paid to Indigenous children and their families. The federal government is using this latest appeal to force the Indigenous victims of Canada's racist child welfare funding practices to agree to a lesser compensation package than what was awarded by the CHRT. If not the case will drag on in the courts for years to come! It stinks of coercion and blackmail by the Trudeau Liberals masquerading as due process and rule of law. Pretending to be socially responsible, Indigenous Services Minister Patty Hajdu called it a "protective appeal" which will be on hold while the parties sit down and try to negotiate an agreement out of court. If the victims do not "negotiate" a deal to the federal government's liking, the Liberal government will continue its legal appeals.
The 2019 CHRT ruled that Ottawa "willfully and recklessly" discriminated against First Nations children living on reserve by underfunding child and family services. It found the conditions that led to seizure of Indigenous children by child welfare services were the direct result of these wilful and reckless acts by the Canadian government. The CHRT ordered that Ottawa pay the maximum the tribunal could award, $40,000 compensation to each child as well as each parent and grandparent victim of this racist practice. The rationale for the decision was the enormity of the crime committed. The CHRT stated "this amount is reserved for the worst cases. The Panel believes that the unnecessary removal of children from your homes, families and communities qualifies as a worst-case scenario ... a breach of your fundamental human rights. The Panel stresses the fact that this amount can never be considered as proportional to the pain suffered and accepting the amount for remedies is not an acknowledgment on your part that this is its value. No amount of compensation can ever recover what you have lost."
A second order by the CHRT upheld Jordan's Principle, which compels the federal government to ensure that essential health and social services to Indigenous children are inclusive and provided without delay. This includes providing services to children who do not have "status" under the Indian Act. It is now 14 years since this case was first brought against the federal government. Enough! The brutal and inhumane legal actions of the Canadian government aimed at overturning the CHRT decisions and/or forcing the victims of Canada's racist Indigenous child welfare practices to negotiate a lesser compensation package than what has been ordered. No more! Not in the name of the Canadian people! This ongoing travesty of justice has to end. No to colonial injustice! Justice for Indigenous Children and Families, Now! (With files from CBC, CTV, and APTN)
This article was published in Article Link:   Website: www.cpcml.ca Email: editor@cpcml.ca |
The appeal argues
that in finding systemic discrimination, the
CHRT overstepped its jurisdiction. It also
argues that the "one size fits all approach" of
equal compensation for all the victims is
unwarranted. If the government appeal is
successful, presumably each child and parent
victim would have to demonstrate specific
individual trauma which would in turn determine
how much compensation is to be paid. The
government for all its crocodile tears about the
suffering and post-traumatic stress suffered by
the Indigenous peoples, has the effrontery to do
such a thing. It must not pass!
More than 50,000
child, parent or grandparent victims are to be
compensated as a result of the CHRT ruling.