The Federal Court of Canada has approved a CA$ 23 billion settlement aimed at compensating First Nations children and families affected by the discriminatory underfunding of the First Nations Child and Family Services (FNCFS) program.
This approval resolves two class actions initiated in March 2019 and January 2020, each citing the Canadian government for its insufficient funding and restricted coverage of the FNCFS program. The concerned parties had agreed to pursue a unified resolution by December 2021. They were successful in reaching agreements-in-principle concerning the compensations by January 2022. These compensations received approval from the Canadian Human Rights Tribunal (CHRT) by July 2023, after being scrutinized and revised.
Following the approval, Assembly of First Nations’ Interim National Chief, Joanna Bernard, expressed gratitude to the representative plaintiffs for their long overdue acknowledgment of the harm endured by the First Nations. Unicef Canada also welcomed the Federal Court’s approval and called for swift implementation of the agreement.
The CHRT has ruled on numerous occasions since 2016 that the FNCFS program was formed on incorrect racial suppositions, leading to poor fixed funding for operations and prevention costs. This inadequate funding has significantly thwarted the FNCFS Agencies’ capability in offering provincially/territorially mandated child welfare services, as well as culturally appropriate services to First Nations children and families.
Subsequent to these rulings, the CHRT has instructed Canada’s government to discontinue discriminatory practices and to implement fully the scope and meaning of Jordan’s Principle. Despite the federal government seeking various judicial reviews of the CHRT’s decisions—which were dismissed by the Federal Court—eligibilities for services for First Nations children under Jordan’s Principle stand. Jordan’s Principle, introduced in 2007, exists to ensure all First Nations children have access to necessary services and support, spanning health, social, and educational needs.