OTTAWA: The Canadian government asked the country’s federal court of appeal on Friday to overturn a landmark decision awarding billions in compensation to indigenous children, annou­ncing it would instead seek to negotiate a deal.

Canada has said it believes the payments are necessary, but would rather iron out the details in talks. The money is meant to compensate for ind­i­g­enous children who were removed from their families and placed in foster care.

In its notice of appeal, Ottawa said it “acknowledges the finding of systemic discrimination and does not oppose the general principle that compensation to First Nations individuals who exp­e­rienced pain and suffering as a result of government misc­onduct should be provided.” But it balked at the blanket compensation, or what Crown-Indigenous Aff­a­irs Minister Marc Miller described as “a one size fits all approach.” Advocates for indigenous children expr­essed disappointment over the government’s appeal in the 14-year legal saga.

Canada’s federal court last month found that the government had discriminated against some 50,000 children by not properly funding child and family services in indigenous communities, upholding a prior decision by a human rights tribunal.

It ordered the government to pay each Can$40,000 (US$30,000).

At a news conference, Indi­g­enous Services Minister Patty Hajdu said that two advocacy groups, the First Nations Child and Family Caring Society and the Assembly of First Nations, have both agreed to sit down with officials to try to hammer out a negotiated deal by the end of December.

Ottawa “will compensate those harmed by discriminatory underfunding (of services) so that we can mend these past wrongs,” she said.

Published in Dawn, October 31st, 2021