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Canadian Human Rights Tribunal rejects Ottawa's child welfare cap

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The Canadian Human Rights Tribunal (CHRT) has rejected the federal government’s $40-billion child welfare offer, saying it did not meet the promised $40,000 compensation for each First Nations child and caregiver harmed by discrimination and institutionalized mistreatment.

Cindy Blackstock, executive director of First Nations Child and Family Caring Society of Canada, told Â鶹´«Ã½ Channel on Tuesday that the $40,000 compensation is the minimum recognition of the indignity First Nations families experienced, explaining that a $20-billion cap for compensation came when Canada “agreed with class-action lawyers that this would be the amount they work with.â€

“We’re talking about over a hundred thousand children removed from their families because the Canadian state gave their families less support to recover from the trauma of residential schools than people who didn’t go to residential schools.â€

Blackstock said her message to Canada and tribunal leaders is this: “Make sure you don’t leave these people behind.â€

“It appears that they started to realize that there were so many victims hurt by Canada that they weren’t able to include all of the victims that were legally entitled to the $40,000 and started to make those choices.â€

Along with the cut costs, the tribunal also took issue with the shortened time frame for victims to opt out of the final settlement agreement.

The deal stipulates that claimants have until February 2023 to opt out of compensation and litigate on their own. If they don’t do this before the deadline, they won’t be able to take legal action individually.

“The Tribunal never envisioned disentitling the victims who have already been recognized before the Tribunal through evidence-based findings in previous rulings,†the decision said.

In January, the Ottawa announced it had reached agreements which includes $20 billion for compensation and another $20 billion to reform the First Nations child-welfare system over five years. The full $40 billion was allocated in the 2021 fiscal update.

Blackstock said these children and parents who were affected by Canada’s discrimination should be given what was promised in the ruling.

“When Canada announces its idea of going through the class action, the minister said 40 was the floor,†she said. “And that’s what should happen. Their [$40,000] should be paid.â€

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