Trudeau files last-ditch appeal against billions for Indigenous children
Tribunal ordered Canadian government to pay compensation to children who suffered discrimination in welfare system
Tribunal ordered Canadian government to pay compensation to children who suffered discrimination in welfare system
Justin Trudeau in The Hague on Friday. Indigenous leaders have long criticized the prime minister’s decision to fight both of these rulings. Photograph: Piroschka van de Wouw/Reuters
Rights and freedom is supported by
Leyland Cecco in Toronto
Fri 29 Oct 2021
Justin Trudeau’s government has launched a last-minute court appeal against a ruling that would require it pay billions of dollars to First Nations children who suffered discrimination in the welfare system.
Minutes before a court deadline on Friday afternoon, the government filed papers indicating it planned once again to fight a human rights tribunal decision ordering the compensation payment.
Soon after, however, the government released a statement saying it would pause litigation as it negotiated with First Nations groups to determine how compensation should be paid out.
The decision to fight the tribunal ruling – and the subsequent pause in litigation – was swiftly condemned by prominent Indigenous voices.
“Feds had years to sit and negotiate. Courts have told them to negotiate. Instead feds refused to abide by tribunal orders. Discrimination and harm continued to our kids. Now, before feds agree to negotiate, they wait till Friday 4.30pm and get their appeal in first. Wow,” tweeted Pam Palmater, Mi’kmaw lawyer and chair in Indigenous governance at Ryerson University.
In 2019, the Canadian human rights tribunal argued the federal government had “willfully and recklessly” discriminated against First Nations children living on reserve by underfunding child and family services. Children were taken from their communities and put into government-run programs.
The tribunal had ordered Ottawa to pay C$40,000, the maximum the tribunal can award, to each child as well as their parents and grandparents, but the federal government appealed the ruling.
That appeal was dismissed by a federal court judge who found that the government had failed to demonstrate the tribunal’s decision was unreasonable.
The battle for compensation dates back 14 years, when Cindy Blackstock, executive director of the First Nations Child and Family Caring Society and the Assembly of First Nations, argued that by underfunding child welfare on reserve, Ottawa’s conduct amounted to racial discrimination.
Indigenous leaders have long criticized the prime minister’s decision to fight both of these rulings – but had recently expressed hope the Liberal government would end the multi-year battle.
In its submission, the government says 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” – but said it found the way compensation was determined was problematic.
In its statement on Friday, the government said it hoped to reach a settlement by December.
Rights and freedom is supported by
Leyland Cecco in Toronto
Fri 29 Oct 2021
Justin Trudeau’s government has launched a last-minute court appeal against a ruling that would require it pay billions of dollars to First Nations children who suffered discrimination in the welfare system.
Minutes before a court deadline on Friday afternoon, the government filed papers indicating it planned once again to fight a human rights tribunal decision ordering the compensation payment.
Soon after, however, the government released a statement saying it would pause litigation as it negotiated with First Nations groups to determine how compensation should be paid out.
The decision to fight the tribunal ruling – and the subsequent pause in litigation – was swiftly condemned by prominent Indigenous voices.
“Feds had years to sit and negotiate. Courts have told them to negotiate. Instead feds refused to abide by tribunal orders. Discrimination and harm continued to our kids. Now, before feds agree to negotiate, they wait till Friday 4.30pm and get their appeal in first. Wow,” tweeted Pam Palmater, Mi’kmaw lawyer and chair in Indigenous governance at Ryerson University.
In 2019, the Canadian human rights tribunal argued the federal government had “willfully and recklessly” discriminated against First Nations children living on reserve by underfunding child and family services. Children were taken from their communities and put into government-run programs.
The tribunal had ordered Ottawa to pay C$40,000, the maximum the tribunal can award, to each child as well as their parents and grandparents, but the federal government appealed the ruling.
That appeal was dismissed by a federal court judge who found that the government had failed to demonstrate the tribunal’s decision was unreasonable.
The battle for compensation dates back 14 years, when Cindy Blackstock, executive director of the First Nations Child and Family Caring Society and the Assembly of First Nations, argued that by underfunding child welfare on reserve, Ottawa’s conduct amounted to racial discrimination.
Indigenous leaders have long criticized the prime minister’s decision to fight both of these rulings – but had recently expressed hope the Liberal government would end the multi-year battle.
In its submission, the government says 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” – but said it found the way compensation was determined was problematic.
In its statement on Friday, the government said it hoped to reach a settlement by December.
First Nations leaders say they'll work with feds on child compensation but appeal 'not productive'
Brooklyn Neustaeter
Brooklyn Neustaeter
CTVNews.ca Writer
Saturday, October 30, 2021
Important to end discrimination: AFN chief
NOW PLAYING
AFN National Chief RoseAnne Archibald says compensation is just one part of a long-term solution but calls for discrimination against Indigenous people to end in Canada.
MORE THAN COMPENSATION
Pratt said it is important that the federal government recognize the treatment of Indigenous children within the child welfare system as wrong and go beyond compensation.
"Let's work together to not only compensate those that have been in the system, but also to ensure that our children are receiving the best quality of care and funding and resourcing that they need," he said.
If the federal government is "serious" about its commitment to reconciliation, Pratt said, officials should stop prolonging this process.
"Let's deal with these discriminatory practices, ending them once and for all against Indigenous children in all of Canada," he said.
However, if negotiations fail, Pratt said, the matter will be back in court.
"If things don't go our way, then the government will file their appeal in January, they'll take it back into the courts, and… our lawyers have assured us that we're going to win," Pratt said, adding that the federal government will eventually "exhaust all their legal avenues."
Assembly of First Nations Chief RoseAnne Archibald released a statement Friday night echoing the same sentiment of disappointment, but said the organization is "encouraged that a deadline will be set to negotiate a settlement of this matter."
"Our priority remains to ensure that our children and families are supported to thrive. First Nations children and families have waited far too long for justice and healing. In order to walk the healing path together, Canada must acknowledge the harms that discrimination has had on our children and families. Our collective goal is to ensure that discrimination ends and never happens again," she said.
Archibald told CTV News Channel that compensation for Indigenous children is "just one part of a long-term solution."
"The other part that's extraordinarily important for us is to make sure that discrimination has in fact ended, that we can point to it and say 'this is in fact in the past'," Archibald said in an interview Saturday.
Archibald said it is important that the federal government and First Nations "determine together that discrimination has indeed ended," and, more importantly, that measures are put in place to ensure discrimination doesn't "creep back up into the system."
"This system that First Nations are in… is rife with systemic racism," she said. "So we really have to look at this larger question of how we're going to end discrimination and make sure it doesn't happen again, and that can only be done when you sit down in a true partnership with government."
Archibald said First Nations care for their children as much as other Canadians, and want to ensure they grow up in a "just society" that includes access to clean drinking water, high-standard housing and safe schooling.
"We have a similar vision of happy, healthy children, surrounded by the love and care of their families living in vibrant and safe communities, but First Nations have a lot of catching up to do in order to ensure that equality and equity exists in our communities," she said.
With files from CTVNews.ca's Sarah Turnbull and The Canadian Press
FILE - Indigenous children carry a flag as they march following the National Day of Truth and Reconciliation ceremonies on Parliament Hill, Thursday, September 30, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Saturday, October 30, 2021
Important to end discrimination: AFN chief
NOW PLAYING
AFN National Chief RoseAnne Archibald says compensation is just one part of a long-term solution but calls for discrimination against Indigenous people to end in Canada.
TORONTO -- First Nations leaders say they are disappointed by the federal government's decision to appeal a ruling ordering Ottawa to compensate Indigenous children removed from their homes, but will "work together" with officials to reach a resolution.
David Pratt, vice-chief of the Federation of Sovereign Indigenous Nations (FSIN), told CTV News Channel on Saturday that the appeal is "not productive" in working towards reconciliation. Pratt said FSIN's position is that the federal government "needs to fully comply with the tribunal rulings."
"Let's start working to make sure that there's equitable funding for Indigenous children and to just stop the discriminatory practices that continue to be perpetuated by the Government of Canada," Pratt said.
The federal government appealed a Federal Court decision to uphold a Canadian Human Rights Tribunal (CHRT) order requiring Ottawa compensate First Nations children, but says it plans to resolve the dispute outside of court.
Late Friday evening, the government filed a notice of appeal arguing the Federal Court erred in finding that the CHRT acted "reasonably" by ordering complete compensation for children, their parents, or grandparents for being unnecessarily removed from their communities since 2006.
Moments later, Indigenous Services Minister Patty Hajdu published a statement noting that Ottawa and the Indigenous groups on the other side of the lawsuit have agreed to "sit down immediately" to reach a resolution by December.
The appeal is active, but the government says it will pause the litigation for two months.
The two sides will look to agree on: providing "fair, equitable compensation" to First Nations children on-reserve and in the Yukon who were removed from their homes by child and family services agencies; achieving "long-term reform" of the First Nations and Family Service program; and, delivering funding for the "purchase and/or construction of capital assets" that support the delivery of child and family services.
In 2016, the Canadian Human Rights Tribunal found that Ottawa discriminated against First Nations children by knowingly underfunding child and family services for those living on reserve. Litigants in the case first brought forward in 2007 say this led to thousands of kids being apprehended from their families and enduring abuse in provincial foster care systems.
The tribunal ordered Ottawa to pay $40,000, the maximum the tribunal can award, to each child as well as their parents and grandparents.
In 2019, the federal government asked the Federal Court to dismiss the tribunal's decisions, but it upheld the orders last month. Friday was the final day for the government to file an appeal.
David Pratt, vice-chief of the Federation of Sovereign Indigenous Nations (FSIN), told CTV News Channel on Saturday that the appeal is "not productive" in working towards reconciliation. Pratt said FSIN's position is that the federal government "needs to fully comply with the tribunal rulings."
"Let's start working to make sure that there's equitable funding for Indigenous children and to just stop the discriminatory practices that continue to be perpetuated by the Government of Canada," Pratt said.
The federal government appealed a Federal Court decision to uphold a Canadian Human Rights Tribunal (CHRT) order requiring Ottawa compensate First Nations children, but says it plans to resolve the dispute outside of court.
Late Friday evening, the government filed a notice of appeal arguing the Federal Court erred in finding that the CHRT acted "reasonably" by ordering complete compensation for children, their parents, or grandparents for being unnecessarily removed from their communities since 2006.
Moments later, Indigenous Services Minister Patty Hajdu published a statement noting that Ottawa and the Indigenous groups on the other side of the lawsuit have agreed to "sit down immediately" to reach a resolution by December.
The appeal is active, but the government says it will pause the litigation for two months.
The two sides will look to agree on: providing "fair, equitable compensation" to First Nations children on-reserve and in the Yukon who were removed from their homes by child and family services agencies; achieving "long-term reform" of the First Nations and Family Service program; and, delivering funding for the "purchase and/or construction of capital assets" that support the delivery of child and family services.
In 2016, the Canadian Human Rights Tribunal found that Ottawa discriminated against First Nations children by knowingly underfunding child and family services for those living on reserve. Litigants in the case first brought forward in 2007 say this led to thousands of kids being apprehended from their families and enduring abuse in provincial foster care systems.
The tribunal ordered Ottawa to pay $40,000, the maximum the tribunal can award, to each child as well as their parents and grandparents.
In 2019, the federal government asked the Federal Court to dismiss the tribunal's decisions, but it upheld the orders last month. Friday was the final day for the government to file an appeal.
MORE THAN COMPENSATION
Pratt said it is important that the federal government recognize the treatment of Indigenous children within the child welfare system as wrong and go beyond compensation.
"Let's work together to not only compensate those that have been in the system, but also to ensure that our children are receiving the best quality of care and funding and resourcing that they need," he said.
If the federal government is "serious" about its commitment to reconciliation, Pratt said, officials should stop prolonging this process.
"Let's deal with these discriminatory practices, ending them once and for all against Indigenous children in all of Canada," he said.
However, if negotiations fail, Pratt said, the matter will be back in court.
"If things don't go our way, then the government will file their appeal in January, they'll take it back into the courts, and… our lawyers have assured us that we're going to win," Pratt said, adding that the federal government will eventually "exhaust all their legal avenues."
Assembly of First Nations Chief RoseAnne Archibald released a statement Friday night echoing the same sentiment of disappointment, but said the organization is "encouraged that a deadline will be set to negotiate a settlement of this matter."
"Our priority remains to ensure that our children and families are supported to thrive. First Nations children and families have waited far too long for justice and healing. In order to walk the healing path together, Canada must acknowledge the harms that discrimination has had on our children and families. Our collective goal is to ensure that discrimination ends and never happens again," she said.
Archibald told CTV News Channel that compensation for Indigenous children is "just one part of a long-term solution."
"The other part that's extraordinarily important for us is to make sure that discrimination has in fact ended, that we can point to it and say 'this is in fact in the past'," Archibald said in an interview Saturday.
Archibald said it is important that the federal government and First Nations "determine together that discrimination has indeed ended," and, more importantly, that measures are put in place to ensure discrimination doesn't "creep back up into the system."
"This system that First Nations are in… is rife with systemic racism," she said. "So we really have to look at this larger question of how we're going to end discrimination and make sure it doesn't happen again, and that can only be done when you sit down in a true partnership with government."
Archibald said First Nations care for their children as much as other Canadians, and want to ensure they grow up in a "just society" that includes access to clean drinking water, high-standard housing and safe schooling.
"We have a similar vision of happy, healthy children, surrounded by the love and care of their families living in vibrant and safe communities, but First Nations have a lot of catching up to do in order to ensure that equality and equity exists in our communities," she said.
With files from CTVNews.ca's Sarah Turnbull and The Canadian Press
FILE - Indigenous children carry a flag as they march following the National Day of Truth and Reconciliation ceremonies on Parliament Hill, Thursday, September 30, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Compensation for Indigenous children does not equate to justice: AFN chief
By Staff The Canadian Press
Posted October 30, 2021
WATCH Feds appeal ruling to compensate for Indigenous children.
Talks set to start Monday between Indigenous leaders and the federal government about a possible settlement over court-ordered compensation to First Nations children could signal the clearing of the road to reconciliation, the Assembly of First Nations National chief said Saturday.
RoseAnne Archibald said the talks are scheduled to last until December and Indigenous leaders are prepared to meet face-to-face with government representatives.
The federal government filed notice it plans to challenge in the Federal Court of Appeal a ruling ordering Ottawa to pay compensation to First Nations children removed from their homes, but also said the parties have agreed to work towards a resolution by December.
READ MORE: Ottawa pausing court appeal filed on Indigenous compensation, will work to strike deal
“We are closer than we have been previously,” said Archibald. “So. that’s an important part of why the AFN executive committee, which is all the regional chiefs across Canada, has agreed to enter into these intense negotiations to see if we can get to a settlement that is fair.”
In 2016, the Canadian Human Rights Tribunal found Ottawa discriminated against First Nations children by knowingly underfunding child and family services for those living on reserve.
In a joint statement Friday after the appeal was filed, Indigenous Services Minister Patty Hajdu, Crown-Indigenous Relations Minister Marc Miller and Justice Minister David Lametti said the parties “have agreed to pause litigation” on the tribunal’s decision.
5:11Miller says ‘serious discussion’ needed to determine how compensation would be distributed
Archibald said she could not discuss in-depth details of the impending talks, but supported the human rights tribunal’s statement that the children were eligible for $40,000 in federal compensation.
The tribunal said each First Nations child, along with their parents or grandparents, who were separated because of this chronic underfunding were eligible to receive $40,000 in federal compensation, which was the maximum amount it could award.
It has been estimated some 54,000 children and their families could qualify, meaning Ottawa could be in line to pay more than $2 billion.
Archibald said any federal compensation paid to Indigenous children removed from their homes would be a recognition of the harms that were caused, but does not make amends for the damage done in the process.
She said compensation does not equate to justice.
But the national chief said a compensation settlement would signal the government is on the path toward that goal as well as ending discrimination against First Nations children.
“Compensation is a legal recognition that you have been harmed and that you deserve to be compensated from that harm,” Archibald said. “If we can get to a settlement, this will signal we are on the right path.”
The tribunal said each First Nations child, along with their parents or grandparents, who were separated because of this chronic underfunding were eligible to receive $40,000 in federal compensation, which was the maximum amount it could award.
It has been estimated some 54,000 children and their families could qualify, meaning Ottawa could be in line to pay more than $2 billion.
Archibald said any federal compensation paid to Indigenous children removed from their homes would be a recognition of the harms that were caused, but does not make amends for the damage done in the process.
She said compensation does not equate to justice.
But the national chief said a compensation settlement would signal the government is on the path toward that goal as well as ending discrimination against First Nations children.
“Compensation is a legal recognition that you have been harmed and that you deserve to be compensated from that harm,” Archibald said. “If we can get to a settlement, this will signal we are on the right path.”
4:41Miller details why government pausing court appeal filed on Indigenous compensation
Archibald, elected national chief in July, said she has “reasonable and fair” expectation the federal government and Indigenous nations will walk together toward reconciliation.
“That healing path forward together will be based upon concrete actions, more than it will be on discussions and words,” she said.
Indigenous groups have been highly critical of the federal government’s decision to appeal, with some welcoming the settlement talks, while others called it a stalling tactic.
“Our First Nations children are our most vital and valuable resource,” said Chief Bobby Cameron in a statement from Saskatchewan’s Federation of Sovereign Indigenous Nations.
READ MORE: Ottawa should not appeal tribunal order to pay Indigenous kids: advocates
“This federal government has taken them from their homes and communities and then dragged them through years of litigation and court,” he said. “Enough is enough.”
B.C.’s First Nations Leadership Council, representing the political wing of the province’s three major Indigenous organizations, said in a statement the government must fulfill its obligations to the children.
“Nothing changes if nothing changes, and we demand this government put their money where their mouth is,” said Grand Chief Stewart Phillip, of the Union of B.C. Indian Chiefs. “Stop fighting First Nations kids in court, uphold our rights, and take action that supports meaningful and real reconciliation.”
Archibald, elected national chief in July, said she has “reasonable and fair” expectation the federal government and Indigenous nations will walk together toward reconciliation.
“That healing path forward together will be based upon concrete actions, more than it will be on discussions and words,” she said.
Indigenous groups have been highly critical of the federal government’s decision to appeal, with some welcoming the settlement talks, while others called it a stalling tactic.
“Our First Nations children are our most vital and valuable resource,” said Chief Bobby Cameron in a statement from Saskatchewan’s Federation of Sovereign Indigenous Nations.
READ MORE: Ottawa should not appeal tribunal order to pay Indigenous kids: advocates
“This federal government has taken them from their homes and communities and then dragged them through years of litigation and court,” he said. “Enough is enough.”
B.C.’s First Nations Leadership Council, representing the political wing of the province’s three major Indigenous organizations, said in a statement the government must fulfill its obligations to the children.
“Nothing changes if nothing changes, and we demand this government put their money where their mouth is,” said Grand Chief Stewart Phillip, of the Union of B.C. Indian Chiefs. “Stop fighting First Nations kids in court, uphold our rights, and take action that supports meaningful and real reconciliation.”
OTTAWA — The federal government is appealing a ruling ordering Ottawa to pay First Nations children removed from their homes, but the parties have agreed to sit down starting Monday in hopes they can reach a financial settlement outside of court.
© Provided by The Canadian Press
The government filed the notice of appeal late Friday before the Federal Court of Appeal closed, along with its legal window to do so.
Many Canadians, Indigenous leaders, parliamentarians and advocates were watching for what the government would do, as the case has been seen by some as a test of the Liberals' commitment to reconciliation.
In 2016, the Canadian Human Rights Tribunal found Ottawa discriminated against First Nations children by knowingly underfunding child and family services for those living on reserve.
Litigants in the case first brought forward in 2007, say this led to thousands of kids being apprehended from their families and enduring abuse and suffering in provincial foster care systems.
The tribunal said each First Nations child, along with their parents or grandparents, who were separated because of this chronic underfunding were eligible to receive $40,000 in federal compensation, which was the maximum amount it could award.
It has been estimated some 54,000 children and their families could qualify, meaning Ottawa could be on the hook to pay more than $2 billion.
The tribunal also ruled that the criteria needed to be expanded so more First Nations children could be eligible for Jordan's Principle, a rule designed to ensure jurisdictional disputes over who pays for what doesn't prevent kids from accessing government services.
In 2019, the federal government asked the Federal Court to dismiss the tribunal's decisions. Part of its arguments, according to a court summary, was awarding individual compensation meant there needed to be proof of individual harm.
The Federal Court upheld the orders last month and Friday was the final day for the government to file an appeal.
In a joint statement Friday after the appeal was filed, Indigenous Services Minister Patty Hajdu, Crown-Indigenous Relations Minister Marc Miller and Justice Minister David Lametti said the parties "have agreed to pause litigation" on the tribunal's decision.
"We have agreed to sit down immediately and work towards reaching a global resolution by December on outstanding issues that have been the subject of litigation," the statement said.
"This means that while Canada filed what is known as a protective appeal of the Federal Court decision … the appeal will be on hold and the focus will be squarely on reaching an agreement outside of court and at the table."
The parties to the case are the federal government, the First Nations Child and Family Caring Society and the Assembly of First Nations.
Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, said in an interview she was disappointed by the federal government's appeal.
She said the pause for talks would focus on making child and family services "equitable," to ensure the federal government increases funding for First Nations families.
"We will not negotiate under any circumstances a reduction in the compensation," she said.
National Chief RoseAnne Archibald of the Assembly of First Nations said in a statement that while discouraged by another appeal, "we are encouraged that a deadline will be set to negotiate a settlement on this matter."
Deputy Grand Chief Bobby Narcisse of the Nishnawbe Aski Nation, which represents First Nations in northern Ontario and is also a party to the case, called the process frustrating.
The ministers' statement added that in addition to fair compensation for those who have been harmed, the government is also committing to significant investments to address long-term reform of First Nations child and family services.
At a news conference Friday evening, Miller said there was no intention to reduce any amounts paid to children who were removed from their homes, but acknowledged those fighting for compensation are skeptical.
"Trust is thin," he said. "I can't guarantee success on this, but I can guarantee you we'll do our utmost."
Miller said there is no simple answer as to why Ottawa doesn't just pay victims the money awarded by the tribunal.
He said if the government implemented the orders as is, members of other class-action lawsuits representing other groups of First Nations children would not receive compensation, and that the matter crosses into different jurisdictions.
"We could implement the (tribunal's) orders, as written, tomorrow," he said. "It would not fix the system which continues to be broken. It would advance very little on long-term reform."
"We are juggling very, very complex legal files and when people lawyer up, people get dug in."
He said the government is putting "a very significant financial package" forward to pay children who have suffered harm while in child-welfare systems, including those behind other class actions. He said he cannot disclose the specific amount but the government knows that proper compensation would amount to "billions of dollars."
Asked directly whether each First Nations child, their parents and grandparents impacted by the system would receive $40,000 each, he repeated that the details of the package were private.
"There are children who are entitled to more than $40,000, that's clear," he added later in the news conference.
Miller said the talks have the potential to be "messy," but he added: "Messy is good. That's where we figure things out."
NDP Leader Jagmeet Singh said it was "deeply disappointing" but sadly not surprising that the Liberal government decided to appeal the ruling.
"For the past six years, Justin Trudeau has said nice things about reconciliation, but unfortunately, at every opportunity, he fails to back that up with meaningful action," Singh said in a statement.
In the notice of appeal, the government says Canada acknowledges the finding of systemic discrimination and does not oppose the general principle that First Nations individuals who experienced pain and suffering as a result of government misconduct should be compensated.
"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," it says.
This report by The Canadian Press was first published Oct. 29, 2021.
— with files from Marie Woolf
Stephanie Taylor, The Canadian Press
The government filed the notice of appeal late Friday before the Federal Court of Appeal closed, along with its legal window to do so.
Many Canadians, Indigenous leaders, parliamentarians and advocates were watching for what the government would do, as the case has been seen by some as a test of the Liberals' commitment to reconciliation.
In 2016, the Canadian Human Rights Tribunal found Ottawa discriminated against First Nations children by knowingly underfunding child and family services for those living on reserve.
Litigants in the case first brought forward in 2007, say this led to thousands of kids being apprehended from their families and enduring abuse and suffering in provincial foster care systems.
The tribunal said each First Nations child, along with their parents or grandparents, who were separated because of this chronic underfunding were eligible to receive $40,000 in federal compensation, which was the maximum amount it could award.
It has been estimated some 54,000 children and their families could qualify, meaning Ottawa could be on the hook to pay more than $2 billion.
The tribunal also ruled that the criteria needed to be expanded so more First Nations children could be eligible for Jordan's Principle, a rule designed to ensure jurisdictional disputes over who pays for what doesn't prevent kids from accessing government services.
In 2019, the federal government asked the Federal Court to dismiss the tribunal's decisions. Part of its arguments, according to a court summary, was awarding individual compensation meant there needed to be proof of individual harm.
The Federal Court upheld the orders last month and Friday was the final day for the government to file an appeal.
In a joint statement Friday after the appeal was filed, Indigenous Services Minister Patty Hajdu, Crown-Indigenous Relations Minister Marc Miller and Justice Minister David Lametti said the parties "have agreed to pause litigation" on the tribunal's decision.
"We have agreed to sit down immediately and work towards reaching a global resolution by December on outstanding issues that have been the subject of litigation," the statement said.
"This means that while Canada filed what is known as a protective appeal of the Federal Court decision … the appeal will be on hold and the focus will be squarely on reaching an agreement outside of court and at the table."
The parties to the case are the federal government, the First Nations Child and Family Caring Society and the Assembly of First Nations.
Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, said in an interview she was disappointed by the federal government's appeal.
She said the pause for talks would focus on making child and family services "equitable," to ensure the federal government increases funding for First Nations families.
"We will not negotiate under any circumstances a reduction in the compensation," she said.
National Chief RoseAnne Archibald of the Assembly of First Nations said in a statement that while discouraged by another appeal, "we are encouraged that a deadline will be set to negotiate a settlement on this matter."
Deputy Grand Chief Bobby Narcisse of the Nishnawbe Aski Nation, which represents First Nations in northern Ontario and is also a party to the case, called the process frustrating.
The ministers' statement added that in addition to fair compensation for those who have been harmed, the government is also committing to significant investments to address long-term reform of First Nations child and family services.
At a news conference Friday evening, Miller said there was no intention to reduce any amounts paid to children who were removed from their homes, but acknowledged those fighting for compensation are skeptical.
"Trust is thin," he said. "I can't guarantee success on this, but I can guarantee you we'll do our utmost."
Miller said there is no simple answer as to why Ottawa doesn't just pay victims the money awarded by the tribunal.
He said if the government implemented the orders as is, members of other class-action lawsuits representing other groups of First Nations children would not receive compensation, and that the matter crosses into different jurisdictions.
"We could implement the (tribunal's) orders, as written, tomorrow," he said. "It would not fix the system which continues to be broken. It would advance very little on long-term reform."
"We are juggling very, very complex legal files and when people lawyer up, people get dug in."
He said the government is putting "a very significant financial package" forward to pay children who have suffered harm while in child-welfare systems, including those behind other class actions. He said he cannot disclose the specific amount but the government knows that proper compensation would amount to "billions of dollars."
Asked directly whether each First Nations child, their parents and grandparents impacted by the system would receive $40,000 each, he repeated that the details of the package were private.
"There are children who are entitled to more than $40,000, that's clear," he added later in the news conference.
Miller said the talks have the potential to be "messy," but he added: "Messy is good. That's where we figure things out."
NDP Leader Jagmeet Singh said it was "deeply disappointing" but sadly not surprising that the Liberal government decided to appeal the ruling.
"For the past six years, Justin Trudeau has said nice things about reconciliation, but unfortunately, at every opportunity, he fails to back that up with meaningful action," Singh said in a statement.
In the notice of appeal, the government says Canada acknowledges the finding of systemic discrimination and does not oppose the general principle that First Nations individuals who experienced pain and suffering as a result of government misconduct should be compensated.
"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," it says.
This report by The Canadian Press was first published Oct. 29, 2021.
— with files from Marie Woolf
Stephanie Taylor, The Canadian Press
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