FSIN wants First Nations firms to handle child welfare compensation payments

The Federation of Sovereign Indigenous Nations (FSIN) wants the federal government to work with First Nations law firms and companies to process compensation for the recently announced child welfare settlement.

“Canada must recognize the absolute failure that the Indian Day School settlement process was and do better for our victims and their families,” said FSIN Chief Bobby Cameron.

Between 1920 and 1988, federally-run day schools operated across the country.

When these day schools were not included in the residential school class action lawsuit, Saulteux Ojibway Garry McLean, from the Lake Manitoba First Nations, spearheaded a $15-billion class action lawsuit against the federal government for the trauma and harm the day school system did to those who attended.

McLean died in 2019 before the suit was settled in 2020 by the law firm Gowling WLG. Compensation ranged from $10,000 for verbal or physical abuse to a maximum of $200,000 for repeated sexual abuse and/or physical assault leading to long-term injury. Claimants had until July 2022 to file a claim.

The FSIN says there are several cases of First Nations survivors who are fighting to have their Indian Day School cases reopened because they didn’t have the proper guidance when filling out the applications.

Cameron says First Nations people in hospitals, jails and those without a place to live were also missed and ignored by the firm hired to process the paperwork for the Indian Day School agreement.

Cameron was one of the chiefs invited by the Assembly of First Nations to take part in negotiating the Agreements-in-Principle for First Nations children in the child welfare system who were underfunded by the federal government.

“It's about the trust and communication that we would have with our First Nations law firms. That's where we feel we would have a better comfort level,” Cameron said.

He says few details are known at this time about how the compensation payments will be processed however he doesn’t want past mistakes repeated.

“The Agreements-in-Principle outline how equitable care will be funded and provided, and support First Nations-led solutions for family wellness,” said the Minister of Indigenous Services Patty Hajdu in a press release.

“I thank the many partners and people that have worked to forge this fairer path that will result in a stronger and healthier country for everyone.”

At the announcement of the Agreements-in-Principle on Jan. 4 the Government of Canada said those eligible include First Nations children on-reserve and in the Yukon, who were removed from their homes between April 1, 1991 and March 31, 2022, and for their parents and caregivers.

It also includes children who did not receive or were delayed receiving an essential public service or product between April 1, 1991 and Dec. 11, 2007, due to the government's narrow definition of Jordan's Principle.

Ottawa allocated $20 billion to the child welfare settlement agreement and an additional $20 billion to a five-year plan to reform the child welfare system in Canada.

A first payment of $2,500 could be sent out to eligible First Nations children and parents as early as April 1.

Payments will be distributed to the child’s primary guardian and held in trust.

With files from CTV News Montreal