Author Topic: Canadian-Aboriginal Culture  (Read 7481 times)

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Offline waldo

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Re: Canadian-Aboriginal Culture
« Reply #285 on: October 30, 2021, 12:43:04 pm »
waldo factoids:
- in regards indigenous children taken from homes and communities under the on-reserve child welfare system from Jan. 1, 2006, to a date to be determined by the Canadian Human Rights Tribunal (CHRT). (the waldo emphasizes the reference point includes the complete Harper Conservative governance period).
- judicial challenge was not in regards compensation or compensation amounts; rather, the challenge principally centered on jurisdictional standing of the CHRT - maintaining that a full judicial review is required to validate said standing (among several other matters).
- at the time of the initiation of the court challenge, then leader of the CPC (Andrew Scheer) agreed that a judicial review was necessary.
- on a practical level, the challenge was concerned with the mechanics of determining compensation eligibility and how payments would be made. Additionally, the challenge questioned the CHRT acting as the conduit for compensation payments and questioned the mandate of the CHRT to establish new categories of persons/groups eligible for compensation.
- even if one accepts... outright accepts the CHRT findings, one finding is to determine the best independent process to distribute the compensation and decide who qualifies - something that hasn't occurred; something that requires negotiation between the government and an assortment of indigenous stakeholders.

This was a Federal Court... one single judge... ruling. Will it be appealed to the Federal Court of Appeal? I would expect so given the overreach and lack of standing of the Canadian Human Rights tribunal. The last thing needed is a precedent that improperly positions the CHRT to make future like rulings rather than litigants pursuing proper class-action type initiatives through the courts.

why yes waldo... an appeal has been launched but put on hold pending negotiations outside of court proceedings: Ottawa will appeal court ruling on Indigenous child welfare but says it's pursuing a compensation deal

Quote
"Canada 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," the notice of appeal reads.

"Awarding compensation to individuals in the manner ordered by the Tribunal, however, was inconsistent with the nature of the complaint, the evidence, past jurisprudence and the Canadian Human Rights Act."

per Marc Miller - Minister of Crown-Indigenous Relations:
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