Feds spend $5M to fight complaints about First Nations child welfare

“Denying equality in this day and age and then spending all this money? How much of Canadian taxpayers’ money is being spent on that across the board?”

Cheryl Maloney, Mi'kmaq child welfare advocate

The federal government has spent more than $5 million fighting human rights complaints regarding chronically underfunded First Nations child and family services since 2007.

The figure was revealed in an answer to a written question submitted in December by Charlie Angus, the New Democratic Party’s ethics and Indigenous youth critic. The answer was provided by Attorney General and Justice Minister David Lametti.

The Department of Justice wrote the total cost of legal proceedings pursuant to a Canadian Human Rights Tribunal on this matter between 2007 and Dec. 9, 2019 — when Angus’s question was tabled — was $5.26 million.

'COMPLETELY WRONG'

Perry Bellegarde, national chief of the Assembly of First Nations (AFN), said he is deeply concerned Canada has spent that amount challenging the assembly and the First Nations Child and Family Caring Society since they first filed a complaint with the human rights tribunal over inequities in the provision of on-reserve child protection services 13 years ago.

“The tribunal substantiated the AFN’S complaint, ordered Canada to cease its discriminatory practices and recently awarded compensation for First Nations children,” he said in an emailed statement. “Canada must do the right thing for First Nations children and immediately drop this challenge, respect taxpayers’ money and invest in the well-being and safety of First Nations children.”

Speaking with Saltwire Network, Mi’kmaq child welfare advocate Cheryl Maloney said these legal bills are just the tip of the iceberg.

“Denying equality in this day and age and then spending all this money? How much of Canadian taxpayers’ money is being spent on that across the board?” she said.

“Any decision that comes down, the Department of Justice eats it … and spits out either resistance or denial or minimal responsibility. That’s automatic with any of the court cases for Indigenous issues in this country.”

Maloney has worked with many Indigenous organizations and was instrumental in changing the Child Welfare Act in Nova Scotia to include more equality for Indigenous children. She also said endless legal battles with the virtually limitless resources of the federal government drain the modest resources of Indigneous nonprofit groups.

“We're still battling away because it's the right thing to do,” she said.

“What we're fighting for — child welfare, equality for children — those are just things that we hope the Canadian courts will catch up and say, ‘Yes, you guys were right, Canada, you're wrong.”

COULD COST BILLIONS

In 2016, the Canadian Human Rights Tribunal ruled the federal government discriminated against First Nations children by failing to provide adequate resources to child welfare services in Indigenous communities.

In September 2019, the tribunal ordered Ottawa to pay $40,000 to children affected by this discrimination since 2006, and to compensate some of their parents and grandparents.

The ruling is expected to cost billions.

Ottawa has been fighting the tribunal decision in Federal Court.

In November, the government lost a bid to stay the decision pending the outcome of the attorney general’s application for judicial review.

The $5.26 million does not include legal fees associated with these Federal Court challenges.

Both the AFN and First Nations Child and Family Caring Society applied for intervener status in the Federal Court case.

In the meantime, CBC reported earlier this week Ottawa is in talks with the First Nations Child and Family Caring Society and the Assembly of First Nations on possible compensation mechanisms for those eligible — something, according to reports, it had previously refused to do.

The broadcaster also reported the government lawyer's request for an extension of the deadline for submissions, to Feb. 21 from Jan. 29, was approved.

Saltwire Network asked the Department of Justice and Indigenous Services Canada for comment, but did not receive a response by deadline Friday.