Â鶹ӰÊÓ

Politics

    • Indigenous child-welfare battle heads to court despite calls for Ottawa to drop cases

    Share

    Ottawa's controversial legal challenge of a pair of rulings involving First Nations children torn from their families by a chronically underfunded childcare system heads to Federal Court Monday, despite repeated calls for the cases to be dropped in the name of reconciliation.

    The federal government is poised to argue against two Canadian Human Rights Tribunal rulings. The first awarded what amounts to billions of dollars in compensation to First Nations children inappropriately taken away from their parents after 2006, and to their parents and grandparents.

    The second ruling expands Jordan's Principle to children who live off-reserve or who are not registered under the Indian Act.

    Jordan's Principle is a rule stating that when different levels of government disagree about who's responsible for providing services to First Nations children, they must help a child in need first and argue over the bills later. It was named after Jordan River Anderson, a boy from Norway House Cree Nation in Manitoba who died in hospital while the Manitoba and federal governments argued for five years over which who should pay for his care in a special home.

    Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, which filed the original human rights complaint over 14 years ago, says the case is fundamentally about addressing harms suffered by Indigenous children who have faced systemic discrimination by Canadian child welfare policies and practices.

    "Frankly it disgusts me as a citizen to think that the government is spending taxpayer money and energy fighting against little kids that they have been found to be racially discriminating against in ways that harm them, separate them from their families and, in some cases, contribute to their death," Blackstock said.

    But even while Ottawa is moving forward with its legal battle challenging the tribunal's rulings -- despite repeated and growing calls to end the litigation -- Liberal cabinet ministers and Prime Minister Justin Trudeau continue to insist they are in favour of compensating Indigenous children who were harmed by what they call a "broken child care system."

    Ottawa instead wants to compensate these children and their families through a settlement in two separate but related class-action lawsuits.

    Indigenous Services Minister Marc Miller says such a settlement would pay out larger sums than the tribunal's maximum $40,000 award for each child, and would be able to offer compensation more proportional to the harms they endured.

    "We do not deny that harm was suffered. We do not deny that the systemic discrimination exists," Miller told reporters last week.

    "But it is very difficult to look at the CHRT tribunal, which can only award a maximum amount of $40,000. And it did so, we argued, in a way that wasn't proportional, in a vacuum. And that is the subject matter that will be discussed principally in the court proceedings next week."

    There has been a "convenient narrative" that government is dragging First Nations kids to court and refusing to pay, Miller says. But he argues this is simply not the case.

    "We have been in complete compliance with orders as they have come out," Miller said.

    "We have fundamental issues with the CHRT's ruling, with its assertion of jurisdiction, without denigrating some of the great work that's been done."

    The tribunal's September 2019 ruling said Ottawa "wilfully and recklessly" discriminated against Indigenous children living on-reserve by not properly funding child and family services. As a result, children were sent away from their homes, families and reserves because if they lived off-reserve, they would be covered by better-funded provincial systems. Others were removed from their families because authorities couldn't provide supports to help keep them together.

    In legal factums filed in Federal Court, Ottawa is arguing the human rights tribunal "erred in law" by "improperly" turning the case into a class action by awarding individual compensation. Since there were no individual or representative complainants, but rather the Caring Society making arguments on behalf of all First Nations kids inappropriately taken into care, federal lawyers argue the tribunal did not have the authority to award individual damages.

    "The tribunal is not entitled to transform a complaint of systemic discriminatory underfunding into a complaint seeking individual compensation," the government's factum says.

    "Doing so is inconsistent with both the tribunal's authority to hear the complaint and its authority to remedy it."

    Ottawa does not argue that systemic underfunding affected children, the factum states, arguing it is instead an issue of whether the tribunal, rather than the Federal Court, was the appropriate forum in which to award compensation to individual children and families.

    In its arguments against the broadening of Jordan's Principle, the federal government argues the tribunal's ruling "transformed" Jordan's Principle from a resolution, passed in the House of Commons aimed at ensuring jurisdictional wrangling did not impact the health of First Nations children, into a legal rule to provide services to a far broader group.

    Blackstock, and the Caring Society's legal factums, accuse Canada of a "colonialist" attempt to control the identity of Indigenous Peoples using the "racist" Indian Act to define status.

    "The Indian Act is the same piece of legislation that forced children into residential schools and it's still on the books today," Blackstock said in an interview.

    "No other child in this country has to go through a government litmus test to determine their racial identity and then be issued a card or not."

    A large group of Indigenous organizations, First Nations and human rights groups have joined the Caring Society and the human rights tribunal in arguing against Ottawa's attempt to have the tribunal's ruling set aside.

    Ottawa is also asking the Federal Court to send the rulings back to a differently constituted panel for re-evaluation due to what it believes was a "lack of procedural fairness" from the 2019 panel that issued the ruling for damages to be paid.

    This report by The Canadian Press was first published June 13, 2021.

    IN DEPTH

    Opinion

    opinion

    opinion Don Martin: Gusher of Liberal spending won't put out the fire in this dumpster

    A Hail Mary rehash of the greatest hits from the Trudeau government’s three-week travelling pony-show, the 2024 federal budget takes aim at reversing the party’s popularity plunge in the under-40 set, writes political columnist Don Martin. But will it work before the next election?

    opinion

    opinion Don Martin: How a beer break may have doomed the carbon tax hike

    When the Liberal government chopped a planned beer excise tax hike to two per cent from 4.5 per cent and froze future increases until after the next election, says political columnist Don Martin, it almost guaranteed a similar carbon tax move in the offing.

    CTVNews.ca Top Stories

    A body has been found in the vicinity where a woman went missing on the Ottawa River near Pembroke, Ont. while kayaking Tuesday night, according to the Ontario Provincial Police (OPP).

    Unusual flippered feet are making their way into the Saint Lawrence River this weekend. Led by underwater explorer and filmmaker Nathalie Lasselin, volunteer divers are combing the riverbed near Beauharnois in Montérégie to remove hundreds of tires that have been polluting the aquatic environment for decades.

    Three men were injured after trying to subdue a man armed with a knife during afternoon prayers at a Montreal-area mosque Friday afternoon.

    Canada

    • A man is facing numerous drug trafficking charges after Dufferin OPP seized a large assortment of drugs and weapons in Orangeville earlier this week.

    • The London Police Service (LPS) is currently investigating a suspicious death in the east end.

    • A body has been found in the vicinity where a woman went missing on the Ottawa River near Pembroke, Ont. while kayaking Tuesday night, according to the Ontario Provincial Police (OPP).

    • Unusual flippered feet are making their way into the Saint Lawrence River this weekend. Led by underwater explorer and filmmaker Nathalie Lasselin, volunteer divers are combing the riverbed near Beauharnois in Montérégie to remove hundreds of tires that have been polluting the aquatic environment for decades.

    • The 75-year-old building, formerly the Waskesiu Chamber of Commerce building, was relocated to the Parks Canada compound on the edge of the townsite.

    • Mattea Roach among the Maritimers honoured with the King Charles III Coronation Medal Friday.

    World

    Politics

    Health

    Sci-Tech

    Entertainment

    Business

    Lifestyle

    • Tattoos are becoming more common in today's society and, as a result, appear to be more acceptable in the workplace than they used to be.

    • How to win the fight with kids over phone use

      The end of the day — when school, extracurricular activities and homework are (hopefully) finally done — is the window that many kids have for downtime. It can be a struggle to convince them not to go on their phones.

    • While slang may come and go, experts say the phenomenon behind them, which constantly churns out brand-new bon mots, is as old as language itself.

    Sports

    • Kiefer Sherwood spent several nights last spring chasing Quinn Hughes around the ice and generally pestering the Vancouver Canucks.

    • Cole Haas is more than just an avid fan of the F.W. Johnson Wildcats football team. He's a fixture on the sidelines, a source of encouragement, and a beloved member of the team.

    Autos

    Local Spotlight

    Cole Haas is more than just an avid fan of the F.W. Johnson Wildcats football team. He's a fixture on the sidelines, a source of encouragement, and a beloved member of the team.

    Getting a photograph of a rainbow? Common. Getting a photo of a lightning strike? Rare. Getting a photo of both at the same time? Extremely rare, but it happened to a Manitoba photographer this week.

    An anonymous business owner paid off the mortgage for a New Brunswick not-for-profit.

    They say a dog is a man’s best friend. In the case of Darren Cropper, from Bonfield, Ont., his three-year-old Siberian husky and golden retriever mix named Bear literally saved his life.

    A growing group of brides and wedding photographers from across the province say they have been taken for tens of thousands of dollars by a Barrie, Ont. wedding photographer.

    Paleontologists from the Royal B.C. Museum have uncovered "a trove of extraordinary fossils" high in the mountains of northern B.C., the museum announced Thursday.

    The search for a missing ancient 28-year-old chocolate donkey ended with a tragic discovery Wednesday.

    The Royal Canadian Mounted Police is celebrating an important milestone in the organization's history: 50 years since the first women joined the force.

    It's been a whirlwind of joyful events for a northern Ontario couple who just welcomed a baby into their family and won the $70 million Lotto Max jackpot last month.

    • A six-year-old girl who was reported missing in northern B.C. earlier this week remains unaccounted for, and "significant resources from across the province" have joined in the search, police said Saturday.

    • A man who was found dead behind a curling rink in Nanaimo, B.C., earlier this month was the victim of a homicide, police confirmed.

    • Canada's anti-money-laundering regulator has imposed a $33,000 administrative penalty on a business in Richmond, B.C., for failing to renew its registration.

    • A 23-year-old man has been arrested after one person was found dead at a home in Richmond Hill Saturday morning.

    • Toronto police say they have now identified a third person who they believe was involved in a shooting that left two men dead in North York earlier this week.

    • A man is fighting for his life in hospital a day after a vehicle smashed into several others in and around an intersection in Milton before flipping over.

    • The water coming from your taps might be a bit murky Saturday, but Calgary remains on schedule to end all water restrictions on Sunday.

    • A Calgary family on a trip to Chinook Centre experienced the lows and highs last week, when a stuffie went missing.

    • An estimated 8,000 volunteers mobilized across the city Saturday as the Calgary Food Bank went door-to-door collecting food and funds.

    • A body has been found in the vicinity where a woman went missing on the Ottawa River near Pembroke, Ont. while kayaking Tuesday night, according to the Ontario Provincial Police (OPP).

    • A joint police operation to promote safe driving on Highway 417 in the Ottawa area has resulted in laying dozens of charges in three hours Friday, according to the Ontario Provincial Police (OPP).

    • Whether it was a big truck, or a small one, the construction trucks rolling past the Children’s Hospital of Eastern Ontario (CHEO) on Saturday had a very important job, and it's putting smiles on the faces of little ones.

    • Montrealers can get used to taking a stroll on several car-free streets during the summer in the years to come thanks to a new commitment from the city.

    • Three men were injured after trying to subdue a man armed with a knife during afternoon prayers at a Montreal-area mosque Friday afternoon.

    • Unusual flippered feet are making their way into the Saint Lawrence River this weekend. Led by underwater explorer and filmmaker Nathalie Lasselin, volunteer divers are combing the riverbed near Beauharnois in Montérégie to remove hundreds of tires that have been polluting the aquatic environment for decades.

    • The Edmonton Police Service is looking for a person of interest in connection with a suspicious fire that destroyed a multi-unit building and damaged several townhomes earlier this week.

    • Tattoos are becoming more common in today's society and, as a result, appear to be more acceptable in the workplace than they used to be.

    • Two people have been charged after a daylight shooting in Red Deer earlier this week.

    • Halifax Regional Police warned the public of a series of high-value thefts targeting retail stores Friday.

    • Pictou County District RCMP is investigating a fatal crash that occurred in Thorburn, N.S., Saturday.

    • A proposal for additional parking to accommodate upgrades at the Irving Pulp & Paper Mill in Saint John, N.B., would add an estimated 500 parking spots at Wolastoq Park.

    • The search for a missing six-year-old boy in Shamattawa is continuing Friday as RCMP hope recent tips can help lead to a happy conclusion.

    • A herd of dogs paid visit to patients and residents at Riverview Health Centre during an annual event that lifts spirits and wags tails.

    • While slang may come and go, experts say the phenomenon behind them, which constantly churns out brand-new bon mots, is as old as language itself.

    • The last two months after losing her daughter Bella have been extremely difficult for Kyla Thomson.

    • Regina police arrested three youths in connection to a bear mace incident at a Regina high school on Friday.

    • Heading into Friday's game against the Calgary Stampeders, quarterback Trevor Harris said he and his Saskatchewan Roughriders were "ready to rock."

    • The Cambridge Professional Fire Fighters’ Association held their annual Muscular Dystrophy Boot Drive on Saturday.

    • Protests were held in front of Kitchener City Hall on Friday, both for and against LGBTQ2S+ inclusive education and queer rights in schools.

    • Police said the pedestrian, a 52-year-old man, was taken to an out-of-region hospital with life-threatening injuries and the driver of the vehicle failed to remain at the scene.

    • The 75-year-old building, formerly the Waskesiu Chamber of Commerce building, was relocated to the Parks Canada compound on the edge of the townsite.

    • Saskatchewan RCMP major crimes unit is investigating after a man’s body was found on Sweetgrass First Nation.

    • Heading into Friday's game against the Calgary Stampeders, quarterback Trevor Harris said he and his Saskatchewan Roughriders were "ready to rock."

    • A motorcyclist has died following a serious collision that took place in London’s south end on Friday afternoon.

    • The London Police Service (LPS) is currently investigating a suspicious death in the east end.

    • The St. Thomas police is asking the public for help locating a missing man.

    • The Barrie Skateboard Association (BSA) hosted a unique competition at the City's Skate Park on Saturday to celebrate its 25th anniversary, which showcased the park's importance and the growth of skateboarding in the region.

    • A man is facing numerous drug trafficking charges after Dufferin OPP seized a large assortment of drugs and weapons in Orangeville earlier this week.

    • One person is in hospital after an e-bike crash in Orillia on Thursday.

    • The Amherstburg Freedom Museum is celebrating a year of festivities in anticipation of its 50th anniversary in 2025.

    • The St. Clair College golf teams were successful at the Niagara Knights Invitational tournament on Friday.

    • A LaSalle high school is celebrating its emerald anniversary this weekend, with everyone who has ever walked its halls invited to return.

    • A man who was found dead behind a curling rink in Nanaimo, B.C., earlier this month was the victim of a homicide, police confirmed.

    • A six-year-old girl who was reported missing in northern B.C. earlier this week remains unaccounted for, and "significant resources from across the province" have joined in the search, police said Saturday.

    • The British Columbia election campaign is set to officially start today, with Lt.-Gov. Janet Austin issuing the writ for the Oct. 19 vote.

    • A pair of runaway pigs are in the custody of an animal sanctuary in the Okanagan after evading police and volunteers for hours earlier this week.

    • The Red Bridge, a historic landmark in Kamloops, B.C., was completely destroyed by fire early Thursday morning.

    • Animal protection officers in British Columbia have rescued three pit bulls – including one that gave birth to 10 puppies – from a rat-infested home in Kelowna.

    • Despite the heavy rain, plenty of muscle turned up for United Way’s annual Pull the Bus fundraiser in Lethbridge Friday.

    • Lethbridge County has rescinded its fire restriction as a result of the recent cool, wet weathr.

    • The Lethbridge Hurricanes kicked off the 2024-25 season on a winning note Friday night, defeating the Edmonton Oil Kings 3-1 in a game played at VisitLethbridge.com Arena.

    • Following an outbreak of COVID-19 on its continuing care floor and just ahead of the flu season, St. Joseph’s General Hospital in Elliot Lake has opted to re-introduce a universal masking policy until further notice.

    • A 26-year-old driver from Surrey, B.C., has been charged with three counts of criminal negligence causing death and bodily harm in a crash that killed two youths in northern Ontario last year.

    • Ontario Provincial Police say three suspects from southern Ontario have been charged and drugs worth $300,000 have been seized following a traffic stop Sept. 16.

    N.L.

    Stay Connected
    Follow Â鶹ӰÊÓ