Non-Compliance Orders

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On January 26, 2016, the Canadian Human Rights Tribunal (CHRT) released a ruling (2016 CHRT 2) that found Canada discriminates against First Nations children by providing less child welfare funding to help keep them safe and by not implementing Jordan's Principle to give them the services they need, when they need them. The CHRT ordered Canada to immediately stop the discrimination and to fully implement Jordan's Principle. Since the initial ruling, the CHRT has had to issue additional orders to Canada. 

 

2016 CHRT 10: April 26, 2016. Order for Canada to fully implement Jordan’s Principle within two weeks (May 10, 2016). 

 

2016 CHRT 16: September 14, 2016. Order for Canada to update its policies, procedures and agreements to comply with the findings in 2016 CHRT 2 with regard to the First Nations Child and Family Services Program, 1965 Agreement and Jordan's Principle.

 

2017 CHRT 7: March 29, 2017. Order moving forward Nishnawbe Aski Nation's motion for immediate relief including the Choose Life initiative.

 

2017 CHRT 14: May 26, 2017. Order regarding immediate relief for Jordan's Principle.

 

2017 CHRT 35: November 2, 2019. Order to amend 2017 CHRT 14 following Canada's judicial review of certain aspects.

 

2018 CHRT 4: February 1, 2018. Order for Canada to undertake a cost analysis First Nations Child and Family Services Program and 1965 Agreement; and, Canada to fund prevention/least disruptive measures on actuals.

 

2019 CHRT 1: January 7, 2019. Order for Canada to pay the complainants and the Chiefs of Ontario for compensation for knowingly failing to disclose 90,000 highly-relevant documents to the complaint and for failing to advise the CHRT and the parties at the earliest opportunity.

 

2019 CHRT 7: February 21, 2019. Order for non-status First Nations children recognized by their Nation in urgent situations to be covered under Jordan's Principle until the evidence has been heard regarding the definition of a First Nations. 

 

2019 CHRT 39: September 6, 2019. Order for Canada to pay maximum compensation ($40,000) for First Nations children and their families who were negatively impacted by Canada's discriminatory practices.

 

To read more about the case and to read other documents, visit the I am a Witness timeline

  • 2021

    2021 CHRT 41

    November 16, 2021. The Tribunal releases ruling providing detailed reasonings following the August 26, 2021 Letter-Decision confirming major capital.

  • 2021

    Letter Decision

    August 26, 2021. The Tribunal issued a Letter Decision, with reasons to follow, on issues around capital. 

  • 2021

    2021 CHRT 12

    March 17, 2021. Tribunal approves a consent order regarding non-Agency Communities providing child and family services.

  • 2021

    2021 CHRT 7

    February 12, 2021. Tribunal releases ruling 2021 CHRT 7 "Framework for the Payment of Compensation under 2019 CHRT 39

  • 2021

    2021 CHRT 6

    February 11, 2021. Tribunal releases ruling 2021 CHRT 6 "Compensation Process Ruling on Four Outstanding Issues in Order to Finalize the Draft Compensation Framework"

  • 2020

    2020 CHRT 15

    May 28, 2020. The Tribunal rules the compensation process on outstanding issues in order to finalize the Draft Compensation Framework. 

  • 2020

    2020 CHRT 36

    November 25, 2020. Order regarding criteria on the groups of children eligible to receive services through Jordan's Principle.

  • 2020

    2020 CHRT 24

    August 11, 2020. Order regarding the Band Representative Services for Ontario First Nations, Tribal Councils and First Nations Child and Family Service Agencies. 

  • 2020

    2020 CHRT 20

    July 17, 2020. Order on the groups of children eligible to receive services through Jordan's Principle.

  • 2020

    2020 CHRT 17

     June 12, 2020. Order on a disclosure issue.

  • 2020

    2020 CHRT 7

    April 16, 2020. The Tribunal rules on three questions where the Caring Society, Assembly of First Nations and Canada did not reach a consensus and required further guidance from the Tribunal with regard to the draft “Framework for the Payment of Compensation under 2019 CHRT 39.

  • 2020

    2019 CHRT 11 / 2019 TCDP 11

    March 4, 2019. CHRT grants the Congress of Aboriginal Peoples (CAP) limited interested party status with conditions.

  • 2019

    2019 CHRT 39 / 2019 TCDP 39

    September 6, 2019. Order for Canada to pay maximum compensation ($40,000) for First Nations children and their families who were negatively impacted by Canada's discriminatory practices.

  • 2019

    2019 CHRT 7 / 2019 TCDP 7

    February 21, 2019. Order for non-status First Nations children recognized by their Nation in urgent situations to be covered under Jordan's Principle until the evidence has been heard regarding the definition of a First Nations child. 

  • 2019

    2019 CHRT 1 / TCDP 1

    January 7, 2019. Order for Canada to pay the complainants and the Chiefs of Ontario for compensation for knowingly failing to disclose 90,000 highly-relevant documents to the complaint and for failing to advise the CHRT and the parties at the earliest opportunity.

  • 2018

    2018 CHRT 4 / 2018 TCDP 4

    February 1, 2018. Order for Canada to undertake a cost analysis First Nations Child and Family Services Program and 1965 Agreement; and, Canada to fund prevention/least disruptive measures on actuals.

  • 2017

    2017 CHRT 35 / 2017 TCDP 35

    November 2, 2017. Order to amend 2017 CHRT 14 following Canada's judicial review of certain aspects.

  • 2017

    2017 CHRT 14 / 2017 TCDP 14

    May 26, 2017. Order regarding immediate relief for Jordan's Principle.

  • 2017

    2017 CHRT 7 / 2017 TCDP 7

    March 29, 2017. Order moving forward Nishnawbe Aski Nation's motion for immediate relief including the Choose Life initiative.

  • 2016

    2016 CHRT 16 / 2016 TCDP 16

    September 14, 2016. Order for Canada to update its policies, procedures and agreements to comply with the findings in 2016 CHRT 2 with regard to the First Nations Child and Family Services Program, 1965 Agreement and Jordan's Principle.

  • 2016

    2016 CHRT 10 / 2016 TCDP 10

    April 26, 2016. Order for Canada to fully implement Jordan’s Principle within two weeks (May 10, 2016). 

  • 2016

    2016 CHRT 2 / 2016 TCDP 2

    Kids win! In a landmark ruling, the Canadian Human Rights Tribunal finds the Canadian government is racially discriminating against 165,000 First Nations children. 

    Victoire pour les enfants des Premières Nations ! Le Tribunal canadien des droits de la personne publie sa décision dans laquelle il trouve que le gouvernement fédéral fait preuve de discrimination contre 165,000 enfants des Premières Nations. 

  • 2015

    2015 CHRT 14

    June 5, 2015. Order ruling that Canada engaged in retaliation against Dr. Blackstock and the Caring Society and requiring compensation. 

  • 2015

    2015 CHRT 1

    January 14, 2015. Order clarifying the inclusion of certain documents in the evidentiary record. 

  • 2014

    2014 CHRT 12

    March 18, 2014. Order clarifying the scope and application of the previous order (2014 CHRT 2). 

  • 2014

    2014 CHRT 2

    January 16, 2014. Order dismissing Caring Society's motion to amend the rules of evidence. 

  • 2013

    2013 CHRT 16

    July 3, 2013. Order regarding timeline adjustment and disclosure of documents. 

  • 2013

    2013 CHRT 11

    April 24, 2013. Order regarding unintentional recording of confidential and privileged information by National Film Board. 

  • 2012

    2012 CHRT 28

    October 31, 2012. Order dismissing the Caring Society's motion to strike Canada's expert. 

  • 2012

    2012 CHRT 24

    October 16, 2020. Order allowing the complaint to be amended to include retaliation against the Caring Society and Cindy Blackstock.

  • 2012

    2012 CHRT 23

    October 12, 2012. Order regarding limited restrictions of broadcasts by APTN during witness testimony. 

  • 2012

    2012 CHRT 18

    August 24, 2012. Order allowing APTN camera access to the hearings. 

  • 2012

    2012 CHRT 17

    August 23, 2012. Order dismissing Canada's request to dismiss the case. 

  • 2012

    2012 CHRT 16

    July 10, 2012. A ruling to assign a three person panel to the case.

  • 2011

    2011 CHRT 4

    March 14, 2011. Dismissal of the complaint by the CHRT. 

  • 2010

    2010 CHRT 16

    May 28, 2016. Order regarding the broadcasting of hearings by APTN. 

  • 2010

    2010 CHRT 7

    March 24, 2010. An order regarding interested party status for Mushkegowuk Council.