![]() ![]() "However, the good work of the parties is unfinished. "In my view, the procedural history of this case has demonstrated that there is, and has been, good will resulting in significant movements toward remedying this unprecedented discrimination," he wrote. In his ruling, Favel also shared his thoughts on how negotiations can help realize the goal of Indigenous reconciliation. Justice shares thoughts on reconciliation 2, 2017, when the tribunal ordered Canada to change its definition of Jordan's Principle and review previously denied requests.įavel dismissed the federal government's argument that the tribunal process was procedurally unfair. 12, 2007 - when the House of Commons adopted Jordan's Principle - to Nov. The Jordan's Principle portion of the order covers the period from Dec. ![]() That policy states that the needs of a First Nations child requiring a government service take precedence over jurisdictional disputes over who should pay for it. The Federal Court also upheld a tribunal ruling that ordered Ottawa to pay $40,000 to each First Nations child (along with their parents or grandparents) who were forced to leave their homes to access services, or who were denied services covered by the policy known as Jordan's Principle. The tribunal also said the parents or grandparents of those children (depending on who was the primary guardian) would also be eligible for compensation, as long as the children were not taken into the child welfare system because of abuse.įavel wrote that the tribunal "reasonably exercised its discretion" under the Act to "handle a complex case of discrimination to ensure that all issues were sufficiently dealt with and that the issue of compensation was addressed in phases." The federal government had argued that the tribunal overreached and was wrong to order Ottawa to pay $40,000 - the maximum allowed under the Canadian Human Rights Act - to each child affected by the on-reserve child welfare system since 2006. Justice Paul Favel said today that the Attorney General of Canada, who had filed the application for a judicial review and a stay of the order from the Canadian Human Rights Tribunal, had "not succeeded in establishing that the compensation decision is unreasonable." The Federal Court today dismissed an application for a judicial review of a landmark human rights tribunal compensation order for First Nations children - leaving the federal government on the hook for billions of dollars in compensation related to the child welfare system.
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