“The executive team from the Assembly of ‘First Nations’ {Indian tribes} will meet in the coming days to discuss how to proceed with new negotiations for a child welfare reform deal after chiefs voted against the government’s proposed $47.8 billion agreement at a meeting in Calgary.
“A‘FN’ National Chief Cindy Woodhouse Nepinak, who had helped negotiate the deal and pushed for it to be approved, was blunt in her assessment of the outcome in her closing remarks to the special chiefs assembly Friday.
“We also recognize the success of the campaign that defeated this resolution. You spoke with passion, and you convinced the majority to vote against this $47.8-billion national agreement“,
she said.
“There is no getting around the fact that this agreement was too much of a threat to the status quo, to the industry that has been built on taking ‘First Nations’ children from their {dysfunctional} families.”
“Cindy Blackstock, executive director of the ‘First Nations’ Child and Family Caring Society which helped launch a discrimination case against Canada that led to the deal, said
“that’s an unfortunate characterization of the chiefs taking a look at the agreement with their own experts and own legal staff and making an informed decision that’s best for them.”
…
“The defeated deal was struck between {the Government of} Canada, the Chiefs of Ontario, Nishnawbe Aski ‘Nation’ {A northern Ontario Aboriginal lobbying organization masquerading as a ‘Nation’} and the Assembly of ‘First Nations’ in July after a nearly two-decades-long legal fight over the federal government’s underfunding of on-reserve child welfare services.
“The Canadian Human Rights Tribunal {A discriminatory, unConstitutional body that denies proper legal procedures – See below} said that was discriminatory because it meant kids living on reserve were given fewer services than those living off reserve.
{And that is due to Canada’s RACE BASED LAW…}
“The Tribunal tasked Canada with reaching an agreement with ‘First Nations’ to reform the system, and also with compensating children who were ‘torn’ {Often rescued} from their families and put in foster care.
“The $47.8 billion agreement was to cover 10 years of funding for First Nations to take control over their own child welfare services from the federal government {creating a Segregated child welfare system, instead of placing it within provincial jurisdiction – where it belongs}, create a body to deal with complaints and set aside money for prevention, among others.
“Before the deal was announced in July, three members of the A‘FN’s executive team wrote letters to the national chief saying they feared the deal was being negotiated in secret, and asked for a change in course. They also said the A‘FN’ was attempting to sideline the ‘First Nations’ Child and Family Caring Society from negotiations.
“Those concerns largely remained when the deal was announced in a closed-door meeting at the A‘FN’s last gathering, with chiefs questioning how the reforms will work on the ground, and service providers saying their funding levels will be significantly cut which would impact their ability to do their work effectively.
“Blackstock found support from 267 out of 414 chiefs who voted against a resolution calling for the deal to be approved.
“Squamish ‘Nation’ {a ‘nation’ of 4,618 people} chairperson ‘Khelsilem’ introduced a resolution Friday calling for a new negotiation mandate from chiefs.
“This is a lesson for the Assembly of ‘First Nations’, for the staff and legal, for the advisers, for the portfolio holder who has worked on this deal“,
he said.
“The way we got here was not the way we should have done this. There’s a better way forward.”
“His resolution, and another one from child welfare advocate and proxy chief for Skawahlook ‘First Nation’ {a ‘nation’ of 93 people}, Judy Wilson, called for the creation of a children’s chiefs’ commission comprised of leadership from all regions in the country to negotiate a new deal and provide oversight, along with a new legal team.
{All of it paid for by whom?}
“It also calls for chiefs to be given at least 90 days to review an agreement before voting on it, with the document to be made available in both official languages.
“Khelsilem said the new negotiation mandate was developed with about 50 leaders from across the country, and hopes it will set a positive path forward in the best interest of kids in care after a fairly testy special chiefs assembly. He also said the new mandate will address “flaws” highlighted by chiefs across the country, and will ensure there is more transparency.
…
“We didn’t have to be here if the process that was used to create the (final settlement agreement) was a meaningful process that meaningfully respected and consulted First Nations, that allowed for meaningful dialogue to improve that agreement.”
“In a statement, a spokesperson for the minister of ‘Indigenous’ {sic} Services said Canada worked closely with ‘First Nations’ on this deal, and as it was being amended.
“The agreement that chiefs in assembly rejected yesterday is the final product of those close negotiations“,
Jennifer Kozelj said.
“Canada remains steadfast in its commitment to reform the ‘First Nations’ child and family services program {Then END RACE BASED LAW!} so that children grow up knowing who they are and where they belong.{?}”
“Blackstock said that ‘Indigenous’ Services Minister Patty Hajdu or Prime Minister Justin Trudeau ought to have been at the gathering in Calgary if they stood by the agreement.
“In a statement Friday, the Assembly of ‘First Nations’ Quebec-Labrador said they’re grateful for the work that has been done to date, but that chiefs need to work together to amend the deal so it respects diversity of communities and eliminates ‘systemic discrimination’.
{Eliminating ‘systemic discrimination’ would require ending RACE BASED LAW…}
“As chiefs, we have a sacred responsibility to protect our children and families for the next seven generations“,
said interim regional chief Lance Haymond.
…”
–‘AFN votes on way forward after $47.8 billion child welfare reform deal is defeated’,
Alessia Passafiume, Canadian Press, Oct.18, 2024
^^^^^^^^^^^^^^^^^
Background – from 2022:
‘Avoiding The Truth’ (June 15, 2022):
“Nothing will improve Aboriginal reserve children’s lives until Aboriginals start taking accountability for the rampant alcoholism, drug addiction, child abuse and neglect in their communities:
“Canada announced two agreements totaling $40 billion dollars that will compensate ‘First Nations’ {‘Aboriginal’} children who were taken from their families and put into the child welfare system.”
https://endracebasedlaw.ca/2022/06/15/avoiding-the-truth/
***********************
“In the months before last year’s election, the government sought to overturn a decision by the Canadian Human Rights Tribunal to award $40,000 each to 50,000 children separated from their families by an underfunded on-reserve welfare system.
“For a government committed to ‘reconciliation’, it was a counterintuitive move, but successive Canadian governments have resisted the CHRT’s efforts to make financial awards in ‘social justice’ cases.
“The CHRT threatens to become a “runaway train” predicted one minister last June. That is exactly what has happened, with the unexpected corollary that the tribunal has run over fellow travellers like the Assembly of ‘First Nations’, which was party to the CHRT’s case against the government.
“This week, the CHRT rejected the $20-billion agreement struck in January between Ottawa and the A‘FN’ to provide compensation to ‘First Nations’ children and families impacted by the on-reserve welfare system.
“Both the government and the A‘FN’ said they were disappointed that compensation will not be distributed quickly.
“But it is indicative of an emboldened tribunal that appears to have moved well beyond the role that was envisaged for it when it was established under the Canadian Human Rights Act in 1977.
{Actually, critics pointed out this potential from the very beginning…}
“The Act gave the CHRT the ability to order compensation to a maximum of $20,000 for pain and suffering, and a further $20,000 if a person discriminated against another individual in a manner deemed “wilful or reckless”. It made no mention of sweeping orders that are tantamount to a class-action settlement, but one in which none of the alleged victims were party to the litigation.
“The pressure on the ‘Liberal’ {Party} government to cave in before last year’s judicial review was immense. For one thing, the government did not dispute its child-and-family-services funding system needed substantial reform or that compensation was due.
“For another, with an election looming, the NDP’s Jagmeet Singh was turning the screw in Parliament, urging the Trudeau government to “stop fighting ‘Indigenous’ kids in court”.
{Canadian Aboriginals are ‘Indigenous’ to Siberia and Mongolia.}
“It is to the government’s credit that it continued to seek the review in Federal Court against the CHRT. While the government had conceded compensation was due, Justin Trudeau argued, correctly, that awards should be proportional to trauma.
“The government argued that systemic discrimination required a systemic response and pointed out it had doubled the budget for agencies responsible for child-and-family services to $1.2 billion a year (with a further $1.4 billion over six years to address funding pressures). This is the basis for a separate $20-billion deal to fix the system that was not affected by the CHRT decision this week.
“But Ottawa said compensation awards should flow from class-action suits where individuals seeking payment for harms suffered would be required to provide evidence in court of their experience.
{Too bad they didn’t take this approach with the Residential school payments…}
“The Tribunal fails to respect the principle of causality and proportionality that are essential to a just result”,
the Crown argued.
“To support a claim of individual compensation, victims must be identified and provide evidence of the harms they suffered because of discriminatory practise. That is a basic principle of adjudicative fairness.”
“In baffling fashion, a Federal Court judge ignored the evidentiary gap and said last September that Canada had not succeeded in establishing the compensation decision as unreasonable.
{Activist judges rule based on ideology, not evidence…}
“The ‘Liberal’ {Party} government consequently decided to cut its losses and negotiated a $40-billion deal with the A‘FN’ and others — $20 billion to fix the situation and $20 billion to provide compensation.
“The final settlement required approval from the CHRT and the Federal Court and, as late as last month, the A‘FN’ was saying publicly that it expected a favourable decision from the tribunal.
“That is not what it got this week. The CHRT said that the agreement does not include all the victims covered in the tribunal’s order, including an indeterminate number of children who were removed and placed in non-federally-funded placements and the estates of deceased parents. (The decision was in response to an application from the ‘First Nations’ Child and Family Caring Society that argued the final settlement didn’t cover all kids or guarantee that people affected would get the amount the CHRT ordered last year. At the time, the government argued the CHRT’s definition of a “First Nations child” was over-broad).
“The A‘FN’ is disappointed by the decision — and no wonder. Tens of thousands of ‘Indigenous’ people won’t receive long overdue compensation because of what seems to be a jurisdictional power play.
“Ultimately, if the government wants to stop what it considers a runaway train, it will have to convince a federal judge.
“One law professor who specializes in issues of legal jurisdiction said that the CHRT is “pushing the envelope”.
“But tribunals have different remedial powers than courts do. They can remain seized of an issue for a period of time and they can try to push for broader reforms”,
she said.
“The brake on their power is ultimately judicial review to the courts, and here the court accepted that they had the power to do what they did.”
“Ottawa now has the option to appeal the Federal Court’s decision. It could hardly be blamed if it does so.”
–‘The ‘runaway train’ Canadian Human Rights Tribunal’,
John Ivison, National Post, Oct. 28, 2022
https://nationalpost.com/news/politics/john-ivison-the-runaway-train-canadian-human-rights-tribunal
***********************
Those charged before a Tribunal must pay all of their own costs – including legal representation — while those doing the charging get provided with free legal representation should they require it. In addition, the burden of proof has been reversed – the person being charged must prove that they are not guilty…
“The various provincial human-rights commissions and their federal godfather have been cutting away at the core of, and extending into utter fatuity the term, ‘human rights’. They are capricious, agenda-riven, a great mishmash of political correctness and “right thinking“, bulldozing away at the basic freedoms of thought, speech and expression while they, under some osmotic impulse, investigate, prescribe and torment with zealous and self-righteous abandon.”
–‘Real rights and rights commissions’,
REX MURPHY, Toronto GLOBE AND MAIL, NOVEMBER 15, 2008
https://www.theglobeandmail.com/news/national/real-rights-and-rights-commissions/article716895/
See also:
‘Moving Backwards: B.C. Creates Segregated Child Welfare System’ {Oct.28, 2022}:
“The B.C. government’s move means it will no longer have a role in welfare of ‘Indigenous’ children and B.C.’s children’s watchdog can get involved only when invited by ‘Indigenous’ groups.”
“The move means the provincial government will no longer have a role in oversight and B.C.’s children’s watchdog can get involved only when invited. How standards of care will be monitored under the new system is unclear. {!?!}”
https://endracebasedlaw.ca/2022/10/28/moving-backwards-b-c-creates-segregated-child-welfare-system/
‘It’s Only Money…’ (Jordan’s Principle) {Feb.27, 2021}:
“Another Aboriginal Industry giveaway of taxpayers’ money:
“The parliamentary budget office says it could cost the federal government up to $15 billion to compensate ‘First Nations’ {‘Aboriginal’} families and children impacted by the child welfare system… The figure updates the budget office’s initial estimate to include thousands more children, parents and grandparents who would qualify for the $40,000 payments under recent developments in the case. The updated report adds roughly 100,000 more ‘First Nations’ children, along with their parents and grandparents, whose compensation would alone be about $10 billion…”
{They no longer have to prove anything to get the money, just like in the case of the Residential school payouts…}
https://endracebasedlaw.ca/2021/02/27/its-only-money/
‘Battle of the Brats’ (Aboriginals vs. Quebec) {Jan.17, 2020}:
“Canada’s two most privileged groups – both with special Constitutional ‘rights’ — are going head-to-head. If all Canadians had equal legal rights, nonsense like this would not be happening:
“The Quebec government’s decision to launch a constitutional challenge of a new federal law governing ‘Indigenous’ {sic, the CBC means ‘aboriginal’} child welfare has prompted ‘First Nations’ {‘aboriginal community’} leaders in Quebec to re-examine their relationship with the province.”
https://canadiansforlegalequalityblog.wordpress.com/2020/01/17/battle-of-the-brats/
‘‘NO GO’ Zones On B.C. Reserves’ {October 26, 2015}:
“B.C.’s representative for children and youth, Mary Ellen Turpel-Lafond, said she estimates there are about 25 of B.C.’s 203 ‘First Nations’ who have so-called ‘no-go zones’ on their reserves, in attempts to prevent visits from social workers.”
https://endracebasedlaw.wordpress.com/2015/10/26/no-go-zones-on-b-c-reserves/
‘New A‘FN’ head Chief Threatens Canada’ (Cindy Woodhouse) {Dec.20, 2023}:
“If you don’t listen to our people, you don’t listen to our chiefs, you don’t answer them, then there’s problems. And so, to Canada: we’re coming for you.”
“Cindy Woodhouse has became the new national chief of the Assembly of ‘First Nations’ {Indian Bands}. In a speech, she pleaded with Canadians to support the people she represents, and warned them to pay attention.”
https://endracebasedlaw.ca/2023/12/20/new-afn-head-chief-threatens-canada/
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