This week, the Federal Court will hear the case of the federal government’s judicial review of the Canadian Human Rights Tribunal’s compensation order for First Nations children who were apprehended and removed from their homes by child and family services. The reporting on this is going to be emotional, and as you can see from both the CBC and Canadian Press reports previewing the hearings (which will be webcast for the first time), the focus of who they’re speaking to are Indigenous people – fair enough – but almost zero time in either report is spent on the actual legal arguments, which are significant. Only the CBC report included the line that “Ottawa has argued in court filings that the tribunal order was an overreach and that the original case was about systemic discrimination, which required a systemic fix, not individual compensation, which is the purview of class action law.”
This is a pretty significant thing, because one of the arguments is that the Tribunal, in making the kind of order that it did, was exceeding its statutory authority to do so. That’s a pretty big deal, and why the government would be looking for a judicial review – to ensure that the Tribunal isn’t allowed to overreach, and doesn’t create a precedent for future instances of overreach. It may seem like petty details, but it’s a pretty significant issue when you look at how the administrative tribunal system in this country is set up, and the role that it plays in the broader justice system. The fact that this is being ignored by the mainstream press isn’t surprising, because administrative law isn’t sexy (even though it’s one of the most contentious issues that our Supreme Court is grappling with at this very moment), but we shouldn’t dismiss it.
The government – and prime minister Justin Trudeau in particular – has stated that there will be compensation, and they are already working on a settlement for the class action lawsuit in question, which may include boarder compensation so as not to have to separate compensation streams for the same apprehensions. And they should absolutely be held to account to that promise that they made – but the Tribunal order cannot and should not be the end all and be all, and we need to recognize that, and ensure that some of the broader context is being discussed.
Good reads:
- At the G20 foreign ministers’ meeting in Nagoya, Japan, François-Philippe Champagne raised the detained Canadians with his Chinese counterpart.
- Here’s a slightly deeper look into the new Cabinet along with some analysis.
- The Americans have sent a “blunt” letter demanding we increase defence spending – err, except we are, and we’re having trouble getting money out the door.
- Andrew Scheer has fired his chief of staff and director of communications.
- Jagmeet Singh named Peter Julian as his House Leader and Rachel Blaney as his Whip.
- Here’s a look at the growing influence of Quebec Solidaire, who seek a more radical separatist agenda than the Parti Québécois.
- Kevin Carmichael tries to divine the economic heft of the new Cabinet, particularly in the roles that Trudeau is assigning.
- Susan Delacourt has a longread about the behind-the-scenes insights of how the Liberals ran their election campaign and why it ended up paying off.
- Delacourt also explores the effect that both Obama and Trump had on the Liberals’ electoral fortunes.
- Chantal Hébert takes note of the growing caucus of conservatives raising doubts about Andrew Scheer’s leadership.
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The Americans want everyone to increase defense spending knowing that their economy will be the beneficiary of their spending. The largest purveyors of armaments in the world need to keep the military industrial complex humming so what better way to send counties a demarche. Nothing new here. Looks like another 7 billion will be going to First Nations, so where is the defense money coming from? I hope that this payment for First Nations children will be the last in the demands coming from that quarter, not that I think they are undeserving, however, the Metis will be the next group to receive Canada’s largess to the tune of 10 billion or so. Perhaps it is time to start weaning FN’s off their monthly treaty monies and start them on the way of taxation to fund their independent within Canada countries. I grew up in Alberta next to a reserve and 60 years later nothing has changed on the economic front there. Of course they have all the media devices but the unemployment rate is the same, the living conditions are barely better and the post secondary education levels are pitiful. They get their treaty money though and spend it in “town” no businesses or stores on their reserve.
One cliché I wish would be retired is “putting some water in your wine.” I used way too much by politicians and other talking heads.
It’s always weird that Conservatives and other media types mentioning get more votes. I mean if you are the Liberal Party, it’s a lot easier for them to see 8 seats to get a majority plus one for Speaker of the House than if you are the Conservative Party have to find 50 seats you still need to form a majority?
Not 8 seats, but 14 seats. My mistake
“The reporting on this is going to be emotional … almost zero time in either report is spent on the actual legal arguments, which are significant.”
Ratings. It’s always about ratings. Feelings over facts. And for whatever reason a driven desire to make PMJT look bad, in this case like he’s a heartless racist and a hypocrite who wants indigenous children to suffer. Ridiculous, grotesque caricature and a one-sided narrative. Fake news.
It’s weird to compare the national press who 100% uncritically bought JWR’s version of events to take how awful the very notion of the Government interfering in the Justice Dept. decision-making yet now question the Government why “their” lawyers are saying this or that and why don’t they do something. Seems like they don’t even notice.