I am a Witness: Tribunal Timeline & Documents

The timeline below chronicles the Canadian Human Rights Tribunal case on inequitable funding for First Nations child welfare, which the Tribunal ruled amounts to discrimination.  

View the pre-Tribunal timeline for a history of First Nations child and family services funding leading up the case. 

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2023

October 13, 2023

Federal Court Notice advising Canada to file their responding motion record on the counsel fee motion by October 19, 2023 at 4:00PM and the Class Action Plaintiffs to provide information about the total legal fees attributable to the compensation negotiations and proceedings before the Tribunal. 

October 4, 2023

The Tribunal's response to Canada's September 21, 2023 correspondence seeking to understand where the Parties are at in terms of progress in the implementation of previous orders to cease the discrimination and prevent it from reoccurring. 

September 26, 2023

The Tribunal releases ruling providing detailed reasonings following the July 26, 2023 Letter-Decision finding that the revised Final Settlement Agreement on compensation satisfies its compensation orders. 

September 21, 2023

Canada's response to the Tribunal's August 21, 2023 correspondence requesting an additional report with further details regarding Canada's reports filed on May 10, 2023 and June 12, 2023. This response describes the steps that Canada has taken to date regarding the long-term reform of the FNCFS Program and the implementation of Jordan's Principle.

September 5, 2023

Canada opposes the Caring Society's motion for leave to intervene in the Federal Court of Appeal case A-95-23, between the Attorney General of Canada and Gilbert Dominqiue (on behalf of Pekuakamiulnuatsh First Nation) and the Canadian Human Rights Commission.

August 25, 2023

Brief of the Respondent, the Government of Manitoba, regarding a complaint by Harriet Sumner-Pruden and Alfred “Dewey” Pruden against The Government of Manitoba alleging a breach of section 13 of The Human Rights Code (CI 20-01-28360). 

August 22, 2023

Affidavit of Cindy Blackstock regarding Federal Court of Appeal Case A-95-23, between the Attorney General of Canada and Gilbert Dominqiue (on behalf of Pekuakamiulnuatsh First Nation) and the Canadian Human Rights Commission. 

The Caring Society sought leave to intervene in this appeal, given its implications for First Nations children and families accessing supports through Jordan's Principle. 

August 16, 2023

The Federal Court officially orders an opt-out date of October 6, 2023 extending the deadline from August 23, 2023.

July 19, 2023

Written submissions from the Interested Party, Chiefs of Ontario, to the Tribunal regarding the Final Settlement Agreement on Compensation. 

July 12, 2023

Canadian Human Rights Commission submission to the Tribunal regarding the revised Final Settlement Agreement on compensation. 

July 5, 2023

The Caring Society, Canada, and the AFN's written submissions to the Tribunal seeking its endorsement of the revised Final Settlement Agreement signed April 19, 2023.  

June 30, 2023

The Parties (the AFN, the Caring Society, and Canada) filed a joint notice of motion affirming that the revised Final Settlement Agreement on compensation fully satisfies the Tribunal's orders on compensation. The submission also contains four affidavits supporting the joint motion. 

June 12, 2023

Canada's response to the Parties' May 10 and 24 correspondence to the Panel. 

May 24, 2023

The Parties made the following submissions: the Caring Society submitted a response to Canada's May 10 letter submissions to the Tribunal. This submission also supplants the Caring Society's May 10 submissions in response to the Tribunal's March 2023 questions. AFN submitted a response to the Tribunal's March 2023 questions. NAN's submitted a response to the Caring Society, Canada, and COO's May 10 submissions. Canada submitted the Jordan's Principle data deep dive for FY 2021-22, the Back-to-Basics guiding document, and the Jordan's Principle payment timelines guiding document. The Caring Society also submitted the information sheet on ISC's Back-to-Basics Approach to Jordan's Principle 

 

May 10, 2023

On March 16, 2023, in its correspondence to the Parties, the Tribunal requested a detailed report on the implementation of certain orders. The Caring Society wrote to the Tribunal requesting the opportunity to respond to the May 10 update provided by Canada, and provided brief responses to the Panel's questions about long-term reform implementation. 

April 3, 2023

The Assembly of First Nations (AFN) and the First Nations Child and Family Caring Society (Caring Society) announce a revised Final Settlement Agreement (FSA) on compensation valued at over $23 Billion for the approximately 300,000 First Nations children, youth and families who experienced discrimination due to Canada’s flawed approaches to First Nations Child and Family Services (FNCFS) and Jordan’s Principle.

February 23, 2023

Federal Court order extending the opt-out period for class members by 180 days to August 23, 2023.

2022

December 28, 2022

The Caring Society's briefing as intervener in Manitoba v. MHRC & MHRC v. Manitoba regarding Jordan's Principle. 

December 20, 2022

The Tribunal has released the full reasons for its decision on compensation. In October, the Tribunal issued a letter decision confirming that the Final Settlement Agreement on compensation signed by Canada, the AFN, and other class action parties does not fully satisfy its orders. The Tribunal noted that the FSA completely disentitles some victims who are already legally entitled to $40,000 in compensation, reduces the amounts for others, or makes their entitlements uncertain.

This release sets out the Tribunal’s full reasons for that decision.

December 20, 2022

The Tribunal has released the full reasons for its decision on compensation. In October, the Tribunal issued a letter decision confirming that the Final Settlement Agreement on compensation signed by Canada, the AFN, and other class action parties does not fully satisfy its orders. The Tribunal noted that the FSA completely disentitles some victims who are already legally entitled to $40,000 in compensation, reduces the amounts for others, or makes their entitlements uncertain.

This release sets out the Tribunal’s full reasons for that decision.

December 8, 2022

Two motions passed at the December 2022 AFN Special Chiefs Assembly: the first addresses long-term reform of the FNCFS Program and Jordan's Principle, and the second addresses the Final Settlement Agreement on compensation. 

November 28, 2022

The Federal Court issued an order referring the Assembly of First Nations' application for judicial review for case management. 

November 7, 2022

The Caring Society submits the IFSD Jordan's Principle Data Assessment to the Tribunal per 2022 CHRT 8 which ordered Canada to fund “the IFSD assessment regarding available data on the use of Jordan’s Principle to inform a future cost assessment of Canada’s implementation of Jordan’s Principle and program reform”. 

November 4, 2022

Attorney General of Quebec and Attorney General of Canada's responses to the October 21 facta submitted by British Columbia, Alberta, Manitoba and Northwest Territories. 

October 25, 2022

The Canadian Human Rights Tribunal has provided a letter-decision with reasons to follow on the Compensation Final Settlement Agreement.

October 21, 2022

The AFN provides reply submissions on the CHRT questions regarding the Compensation Final Settlement Agreement. 

The Attorney Generals of Alberta, British Columbia, Manitoba and Northwest Territories provide factums to the Supreme Court of Canada in relation to Bill C-92: An Act respecting First Nations, Inuit and Métis children, youth and families.