The federal government is requesting a judicial review in response to the rejection of an on-reserve child welfare settlement the summary decision by the Human Rights Tribunal.
On Wednesday in Ottawa, Indigenous Services Minister Patty Hajdu announced the federal government is requesting a judicial review of the decision by the Canadian Human Rights Tribunal to reject a compensation settlement agreement for the discrimination against First Nations children through the on-reserve child welfare system.
Hajdu said the filing of the judicial review is because of a 30-day deadline to respond from when the judgment was released on Oct. 24.
“[We] filed a judicial review to have the court look at some aspects of the settlement that were not accepted by the CHRT,” Hajdu said. “The clarity that the review will provide will give us an indication on how to move forward in those areas.”
Hajdu said the full decision document from the CHRT has not yet been released.
She said the historic agreement and compensation regime was negotiated and planned by Indigenous partners.
“So the question that we have obviously as the Federal Government, and I know our partner at the [Assembly of First Nations] has is: Why a negotiated agreement that is satisfactory to the parties at the table would not be acceptable by the tribunal?” she said.
This is complex work, Hajdu said. “I think all parties are doing their absolute best to make sure kids are well served now and that people are compensated for extraordinary harm.”
Hajdu said there is some good willingness among the parties to continue to work together and “find a pathway on compensation of the children that all parties agree need compensation urgently, but also in this area where the tribunal has indicated that they believe the agreement doesn’t meet their findings.”
“Our first priority is to ensure compensation can unfold quickly for those that the tribunal agrees the agreement covers well," she said. “I think we’re going to get there, and I think we’re going to get to a place where people will feel satisfied both on the compensation side and on the reform side.”
The First Nations Child and Family Caring Society said in a release “it is disappointed in Canada’s decision to continue litigating despite the clear orders and direction from the Canadian Human Rights Tribunal and the Federal Court.”
When reached for a response, the Nishnawbe Aski Nation said it is refraining from comment for now.
