First Nations child welfare agreement acknowledges suffering caused by system, advocates say

A compensation agreement for those hurt by the child welfare system could offer hope for thousands of young First Nations people in Manitoba, though it can't undo the suffering of those torn from their families, leaders and advocates say. 

The federal government revealed details Tuesday of a historic $40-billion agreement-in-principle to compensate First Nations children on-reserve and in the Yukon who were removed from their homes between April 1, 1991, and March 31, 2022.

The non-binding agreement sets aside $20 billion for compensation and $20 billion for long-term reform of the on-reserve child welfare system.

If approved, the financial settlement would be the largest of its kind in Canadian history. The parties have until March 31 to finalize the agreement.

The agreement follows a 2016 decision by the Canadian Human Rights Tribunal, in response to a complaint filed by the Assembly of First Nations and the First Nations Child and Family Caring Society. The tribunal found that the federal government discriminated against First Nations children by underfunding the on-reserve child welfare system and ordered compensation for those affected.

More than 200,000 people will be included in the agreement, Assembly of First Nations Manitoba Regional Chief Cindy Woodhouse said Tuesday at a news conference.

"No amount of money will ever be the right amount, nor will it bring back a childhood lost. But today is about acknowledgement, about being seen and heard," Woodhouse said.

Manitoba has one of the highest numbers of children in care in the country, she noted.

"That has to stop. We have to keep our children and families together and we have to give them opportunities to have the best life that they can."

Thousands of in Manitoba could receive compensation

In Manitoba, there were 9,850 children in care as of March 2021, of whom 91 per cent were Indigenous, according to the Manitoba Families department's latest annual report.

That number has remained virtually unchanged for years. In March 2020, there were 9,849 kids in care, 90 per cent of whom were Indigenous. 

The year before that, there were 10,258 kids in care. 

I don't think the vast majority of Canadians fully appreciate what these children have gone through in order to receive these settlements.- Cora Morgan, Assembly of Manitoba Chiefs family advocate

Cora Morgan, the family advocate for the Assembly of Manitoba Chiefs, said Tuesday's announcement left her feeling optimistic about the future, but also sad for those who have suffered so much as a result of the child welfare system. 

"I don't think the vast majority of Canadians fully appreciate what these children have gone through in order to receive these settlements," she said.

Many children who have aged out of care have ended up homeless, or in the criminal justice system, Morgan said.

"So when you look at all these negative statistics, $40,000 — you know, it can change lives, but a lot of suffering went on in order to to arrive at that."

Mary Burton knows the impacts of the child welfare system all too well. She was taken from her family as a child as part of the Sixties Scoop, and her grandchildren were in the system at one point as well. 

Now, she leads Fearless R2W, a Winnipeg group that works to support families involved in the child and family services system.

"When you're taken away from your family, it creates tremendous trauma. You're taken away from the only thing you've known in your life, and you get put into a home full of strangers," which can lead to serious issues for kids as they grow up, she said.

That's why she says she was encouraged to hear Tuesday that part of the agreement involves funding for various services to prevent child apprehensions.

"If you can create as little disruption for the family as possible, you will not have those same issues that you would have had if you had taken the children away from their family."

In the long term, Grand Chief Jerry Daniels of the Southern Chiefs' Organization says more investment is needed in keeping families together and giving them the support they need, to stop the cycle of mental health challenges and trauma being passed down from generation to generation. 

"You look at the addictions and you look at the poverty and you look at the depression and hopelessness in many of our communities, it's a challenge for leaders, it's a challenge for families, it's a challenge for … Canadian society broadly," he said. 

"So hopefully this will help to change that narrative."