1.An application by the Aboriginal Peoples Television Network to televise the tribunal. AFN, Caring society, Amnesty International, Chiefs of Ontario, Canadian Human Rights Commission are in favour and the Canadian Government is opposed to APTN covering the proceedings.
2.An application by Canada to dismiss the complaint. AFN, Caring society, Amnesty International, Chiefs of Ontario, Canadian Human Rights Commission are opposed.
Canada will also be disclosing its final witness list and expert witnesses on January 12, 2010. Although AFN and the Caring Society have disclosed our lay and expert witness lists along with detailed will say documents describing what each witness will testify to, Canada has only provided a list of “potential witnesses” and has not provided detailed summaries of what these witnesses will speak to. In addition Canada has failed to produce the name of even one expert witness willing to testify in favour of the government’s claims that it funds equitably and in ways that support culturally appropriate practice. At a case conference held with the tribunal chair in December of 2009, legal counsel for Canada indicated that they will call the firm KPMG as an expert witness but no information has been provided to assess the qualification of KPMG as an expert or on the evidence KPMG will rely on.
The Caring society is very concerned that a full hearing of this case on its substantial merits has not taken place even though the former tribunal chair ordered that these hearings begin on November 16, 2009. Unnecessary procedural delays are harmful to First Nations children and it is in the joint interests of Canadians and First Nations to determine if discrimination is occurring against thousands of vulnerable children and their families.