Conservative Leader Andrew Scheer said today a government led by him would challenge a landmark Canadian Human Rights Tribunal decision to compensate First Nations children harmed by the on-reserve child welfare system.
The tribunal ordered the federal government on Sept. 6 to pay $40,000 — the maximum allowed under the Canadian Human Rights Act — to each child apprehended from their homes and communities under the on-reserve child welfare system.
The ruling also directed Ottawa to compensate some of the parents and grandparents of children who were apprehended.
Scheer said today that, as prime minister, he would seek a “judicial review” of the decision, which could leave the federal government on the hook for billions of dollars in compensation.
“This is a far-reaching decision that has major impacts on multiple levels of government,” Scheer said.
“It would be appropriate to have a judicial review.”
The tribunal gave the federal government until October 7 to file an appeal.
A judicial review would occur before the Federal Court of Canada.
Liberal Leader Justin Trudeau did not give a direct answer on Thursday when asked what a re-elected Liberal government would do.
“From the Sixties Scoop to the relocations, to the tuberculosis among the Inuit, we have always moved forward in a responsible way to compensate, to support people, and we will continue to do that as we move forward,” Trudeau said.
“We’re going to continue to work with Indigenous communities, work with Indigenous leaders, to make sure that there is proper compensation.”
Indigenous Services Minister Seamus O’Regan said shortly after the decision came down that his department would need to review it before deciding what to do next.
NDP Leader Jagmeet Singh and Green Party Leader Elizabeth May have both said they would offer compensation at the level ordered by the tribunal.
The ruling covers all children in the care of the on-reserve child welfare system at any point from Jan.1, 2006, to a date to be determined by the tribunal.
Some estimates place the number of potentially affected children at about 50,000, with the largest numbers in the Prairies and British Columbia. The ruling also covers First Nation children in the Yukon territory.
The tribunal ordered Ottawa to enter discussions with the First Nations Family Caring Society and the Assembly of First Nations — which filed the initial human rights complaint in 2007 — to determine the best independent process to distribute the compensation and decide who qualifies.
It gave the parties until Dec. 10 to come to the tribunal with proposals.