Canadian Human Tribunal canadien Rights Tribunal des droits de la personne Citation:
Coherent Identifier 20.500.12592/mc1vzr

Canadian Human Tribunal canadien Rights Tribunal des droits de la personne Citation:

26 September 2023


[47] The Tribunal urged the parties to this proceeding and the parties to the Federal Court Class Actions to work together to allocate additional funds to cover all victims/survivors entitled to compensation as already ordered by the Tribunal and to uphold the human rights regime in a manner that respects and acknowledges those orders and the pain and suffering of all victims/survivors identified. [...] [51] The parties jointly submit that the Revised Agreement presented to the Tribunal on this motion heeds the Tribunal’s guidance and the direction from the First Nations-in- Assembly: the derogations have been remedied; the uncertainties in relation to eligibility under Jordan’s Principle have been addressed; the approach to compensation in relation to 14 the estates of parents/caregiving grandpa. [...] If the answer is affirmative, the Tribunal then determines if the consent order sought is appropriate and just in light of the specific facts of the case, the evidence presented, its previous orders and the specifics of the consent order sought. [...] The AFN submits that this cap does not amount to a divergence from the Compensation Decision or the Tribunal’s related Compensation Orders, but instead acts as a clarification of the Tribunal’s intentions, the scope of which was developed by the parties to the Revised Agreement and Minutes of Settlement further to the dialogic process. [...] A minor clarification to the Compensation Framework is required in the following scenario: where a caregiving parent has claimed compensation for the removal of a child, and the child is subsequently removed from the care of a caregiving grandparent, the Revised Agreement limits the multiplication of compensation to $80,000.

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