Calendrier et documents

Tribunal releases ruling 2021 CHRT 7 "Framework for the Payment of Compensation under 2019 CHRT 39"

Tribunal releases ruling 2021 CHRT 6 "Compensation Process Ruling on Four Outstanding Issues in Order to Finalize the Draft Compensation Framework"

The Caring Society’s written submissions with respect to the non-compliance motion regarding Non-Agency Communities. Submissions include Responses to Undertakings following the January 8, 2021 cross examination of Nathalie Nepton.

AFN Submissions regarding non-First Nations agencies.

Chiefs of Ontario's submissions on motion dated August 7, 2020 regarding prevention funding to First Nations. 

Canadian Human Rights Commission submissions regarding the Caring Society's motion alleging non-compliance in respect of non-Agency communities. 

Innu Nation Submissions on the motion dated August 7, 2020 on funding beyond federally-recognized FNCFS agencies. 

Amnesty International files Notice of Appearance to the Federal Court re: ISC's application for judicial review

Canadian Human Rights Commission files Notice of Appearance to the Federal Court re: ISC's application for judicial review

Read the transcript of Ms. Nathalie Nepton, Director General of the First Nations Child and Family Services program within the Child and Family Services Reform sector at Indigenous Services Canada. The cross-examination was part of a motion filed by the Caring Society with respect to First Nations children and families living on-reserve and in the Yukon who received child and family services from provincial/territorial service providers. 

Nishnawbe Aski Nation files Notice of Appearance to the Federal Court re: ISC's application for judicial review

Chiefs of Ontario file Notice of Appearance to the Federal Court re: ISC's application for judicial review

Caring Society files Notice of Appearance to Federal Court re: ISC's application for judicial review

Order from the Federal Court - Justice Paul Favel is assigned to case management.

AFN files Notice of Appearance to the Federal Court. 

Canada files for judicial review with the Federal Court of the CHRT's rulings (2020 CHRT 20 and 2020 CHRT 36) on the groups of children eligible to receive services through Jordan's Principle. 

Importantly, both 2020 CHRT 20 and 2020 CHRT 36 remain in place while the judicial review is underway. Canada must adhere  to the Tribunal’s orders and provide services to children eligible under one of the four criteria, including children recognized by their Nation for the purposes of Jordan’s Principle, pending a decision from the Federal Court.

The CHRT releases 2020 CHRT 36 on the groups of children eligible to receive services through Jordan's Principle. The CHRT rules that cases meeting any one of the four criteria are eligible for consideration under Jordan's Principle. Those criteria are the following:

1. The child is registered or eligible to be registered under the Indian Act, as amended from time to time;
2. The child has one parent/guardian who is registered or eligible to be registered under the Indian Act;
3. The child is recognized by their Nation for the purposes of Jordan’s Principle; or
4. The child is ordinarily resident on reserve. 

The CHRT releases 2020 CHRT 36 on the groups of children eligible to receive services through Jordan's Principle. The CHRT rules that cases meeting any one of the four criteria are eligible for consideration under Jordan's Principle. Those criteria are the following:

1. The child is registered or eligible to be registered under the Indian Act, as amended from time to time;
2. The child has one parent/guardian who is registered or eligible to be registered under the Indian Act;
3. The child is recognized by their Nation for the purposes of Jordan’s Principle; or
4. The child is ordinarily resident on reserve. 

The Attorney General of Canada submits the affidavit of Nathalie Nepton, Director General of the Children and Families Branch at Indigenous Services Canada. 

Parties submit replies to the Tribunal's questions from October 20, 2020 regarding the Compensation Framework.

Further to the Caring Society's motion from August 7, 2020, the following affidavits are submitted to the Tribunal. 

• Caring Society - Dr. Cindy Blackstock, Grand Chief Peter Johnston
• Innu Nation - Germaine Benuen
• Chiefs of Ontario - Grand Chief Joel Abram

Tribunal sends letter to Parties outlining questions regarding the Compensation Framework.

Canada's Reply to NAN's submissions on capital for Band Representative Services, including affidavit of Nathalie Nepton

The Assembly of First Nations makes submissions to the Tribunal regarding Trusts and Canada's Financial Administration Act Submissions. 

AGC sends the latest compensation framework seeking additional clarification from Tribunal "with respect to the use of a trust to hold compensation funds for minors and adults who lack legal capacity."

Caring Society makes written submissions re: Canada's current financial approach in line with the Financial Administration Act and Treasury Board Authorities" and "re: Trust for beneficiaries without the legal capacity under the compensation framework."

Chiefs of Ontario makes written submissions to the Tribunal regarding "Canada's current financial approach in line with the Financial Administration Act and Treasury Board Authorities."

NAN makes written submissions to the Tribunal "responding to Canada's update to Terms and Conditions re: Band Representative Services and Capital and responding to Canada's Financial Administration Act Submissions.

IFSD releases its report Funding First Nations child and family services (FNCFS): A performance budget approach to well-being, final report of Phase 2 of the First Nations Child and Family Services (FNCFS) Project

IFSD releases its Executive Summary of the final report for Phase 2 of the First Nations Child and Family Services (FNCFS) Project. The Executive Summary provides a succinct overview of findings and recommendations for alternative funding and performance approaches for FNCFS.

Tribunal releases ruling (2020 CHRT 24) regarding Band Representative Services for Ontario First Nations, Tribal Councils and First Nations Child and Family Service Agencies. 

Caring Society Notice of Motion for "Declaration of non-compliance with the Tribunal's Orders" and "Eradiction of discrimination through needs-based funding, regardless of service provider".

The CHRT released a ruling on the groups of children eligible to receive services through Jordan's Principle. Canada has been ordered to immediately consider eligible for services through Jordan's Principle:

• First Nations children who will become eligible for Indian Act registration/status under S-3 implementation.

The CHRT found two other categories of First Nations children who will be eligible in the future following a further order from the CHRT:

•  First Nations children without Indian Act status who are recognized as citizens or members of their respective First Nations; and
• First Nations children who do not have Indian Act status and who are not eligible for Indian Act status, but have a parent/guardian with, or who is eligible for, Indian Act status.

The Tribunal issues a ruling (2020 CHRT 17) regarding a disclosure issue. 

The Tribunal rules (2020 CHRT 15) on the compensation process on outstanding issues in order to finalize the Draft Compensation Framework. 

NAN submits reply letter on procedural issues.

Order from the Federal Court regarding costs and reasons stemming from Canada's motion to stay the compensation order.