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.
2010
Attorney General Responds to AFN UNDRIP submissions.
Assembly of First Nations files submissions on the UNDRIP.
Attorney General (AG) relies on Niltu'o/ BCGEU labour case to bolster its claims case.
National Chief Shawn Atleo and Cindy Blackstock appear before the Standing Committee on Aboriginal Affairs and Northern Development for study on First Nations child and family services.
Auditor General of Canada and Auditor General of British Columbia appear before the Standing Committee on Aboriginal Affairs and Northern Development for study on First Nations child and family services.
Tribunal allows more submissions on eve of ruling deadline.
Minister of Indian Affairs and senior INAC staff appear before the Standing Committee on Aboriginal Affairs and Northern Development for study on First Nations child and family services.
Supreme Court issues ruling on Niltu'o/BCGEU labour relations case that is later used by Attorney General to bolster its case to dismiss.
Attorney General of Canada opposes APTN appeal re: broadcasting of the Tribunal.
Caring society submission supporting APTN appeal to Federal Court re broadcasting the tribunal
Tribunal hears Canada's motion to dismiss the Canadian Human Rights Tribunal on the "funding is not a service" and comparator technicalities.
Tribunal Chair Shirish Chotalia rules against APTN motion to broadcast the tribunal hearings (2010 CHRT 16).
The Caring Society and AFN supported APTN's application as this case affects children, families and communities across Canada and they have a right to watch matters affecting them.
Caring Society factum opposing Attorney General's application to dismiss at the Tribunal.
Federal Court Justice O'Reilly upholds the November 2009 Federal Court decision to stay Canada's application to dismiss the tribunal on the "funding is not a service" issue until after the tribunal is over. Canada does not appeal.
Canadian Human Rights Tribunal Chair Shirish Chotalia hears Aboriginal Peoples Television Network’s motion to broadcast the Canadian Human Rights Tribunal. All parties except Canada are in favor of the tribunal being televised. Canada suggests that it’s witnesses, who are almost exclusively public servants, are concerned that their testimony might damage their relationships with First Nations. Canada also notes it is having a hard time getting witnesses to testify on their behalf and worry that televising the proceedings would make it even harder. Caring society files 17 affidavits by First Nations Elders, leaders, youth and parents who want the proceedings televised so they can follow the case.
Elsie Flette, CEO of the Southern First Nations Network of Care Authority, is cross-examined in public by Canada on her affidavit filed in opposition to Canada’s application to derail the tribunal on the “funding is not a service” argument.
Canada’s top official on First Nations child welfare is cross-examined by the Caring Society on her affidavit filed in support of Canada’s application to derail the tribunal on the “funding is not a service” argument. Canada’s lawyers refuse to have their witness testify in public as the public might distract her from her answers.
Tom Goff, consultant, is cross examined in public by Canada on his affidavit opposing Canada’s application at the Canadian Human Rights Tribunal to derail the tribunal on the “funding is not a service” argument.
Caring Society Executive Director, Cindy Blackstock, PhD, is cross examined in public by Canada on her affidavit opposing Canada’s application at the Canadian Human Rights Tribunal to derail the tribunal on the “funding is not a service” argument. Students from Elizabeth Wyn Wood Secondary along with other members of the public come to watch.
Federal Government document on Jordan's Principle
2009
Canada files an application to derail the Tribunal on the merits arguing that the Tribunal does not have jurisdiction as “funding is not a service.”
INAC contracts KPMG Forensic to provide an expert report and expert witness services for the Crown. Contract obtained through Access to Information.
Federal Court Prothonotary Aronovitch rules that Canada’s application to strike the Tribunal hearings should be stayed until after the Tribunal rules. Canada appeals.
Tribunal Chair Chotalia vacates all the hearing dates on the merits without consultation with the parties and introduces a variety of procedural mechanisms for reasons we still do not fully understand.
Conservative government appoints a new Tribunal Chair, Shirish Chotalia.
The Hon. Brad Duguid expresses the government of Ontario's support for Jordan's Principle at the Legislative Assembly of Ontario in 2009, as well as the province's commitment to ensure its implementation.
At the 40th Parliament, 2nd Session, Standing Committee on Aboriginal Affairs and Northern Development, INAC explains narrowing of Jordan's Principle and Enhanced Funding Model at Aboriginal Affairs Committee
Canadian Human Rights Tribunal opens. Tribunal Chair Sinclair grants interested party status to Amnesty International Canada and to the Chiefs of Ontario.
Opening Statement at the Canadian Human Rights Tribunal on First Nations child welfare made by Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society of Canada.