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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2010

December 17, 2010

Attorney General Responds to AFN UNDRIP submissions. 

December 10, 2010

Assembly of First Nations files submissions on the UNDRIP. 

December 9, 2010

Attorney General (AG) relies on Niltu'o/ BCGEU labour case to bolster its claims case.

December 8, 2010

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.

December 6, 2010

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.

December 3, 2010
Tribunal guideline for releasing rulings passes on motion to dismiss. Not clear when ruling will be made given new submissions.
December 1, 2010

Tribunal allows more submissions on eve of ruling deadline.

November 24, 2010

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. 

November 11, 2010

Supreme Court issues ruling on Niltu'o/BCGEU labour relations case that is later used by Attorney General to bolster its case to dismiss.

October 2010

Attorney General of Canada opposes APTN appeal re: broadcasting of the Tribunal.

October 2010

Caring society submission supporting APTN appeal to Federal Court re broadcasting the tribunal

June 2, 3, 2010

Tribunal hears Canada's motion to dismiss the Canadian Human Rights Tribunal on the "funding is not a service" and comparator technicalities. 

May 28, 2010

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.

May 14, 2010

Caring Society factum opposing Attorney General's application to dismiss at the Tribunal.

March 30, 2010

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.

March 29, 2010

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.

March 24, 2010
Canada’s appeal of Prothonotary Aronovitch’s decision to stay their application to dismiss the tribunal until after the tribunal is over is heard before Justice O’Reilly in Federal Court
March 3, 2010

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.
 

February 26, 2010

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.

February 25, 2010

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.

February 23, 2010

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.

February 18, 2010

Federal Government document on Jordan's Principle 

2009

December 21, 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.”

December 7, 2009

INAC contracts KPMG Forensic to provide an expert report and expert witness services for the Crown. Contract obtained through Access to Information.

November 24, 2009

Federal Court Prothonotary Aronovitch rules that Canada’s application to strike the Tribunal hearings should be stayed until after the Tribunal rules. Canada appeals.

November 6, 2009

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.

November 2, 2009

Conservative government appoints a new Tribunal Chair, Shirish Chotalia.

April 20, 2009

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. 

October 20, 2009

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

September 14, 2009

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.