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

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. 

October 14, 2022

Federal Court of Appeal orders that Canada's appeal of the Federal Court's September 29, 2021 order on compensation will continue to be held in abeyance until the earliest of January 30, 2023 and the date 45 days following the release of the Canadian Human Rights Tribunal's decision on the compensation final settlement agreement. 

The Caring Society makes submissions to the Canadian Human Rights Tribunal pursuant to the Tribunal's September 21, 2022 and October 12, 2022 directions and in response to the September 28, 2022 submissions of the Assembly of First Nations, Attorney General of Canada, Chiefs of Ontario and Nishnawbe Aski Nation.

October 11, 2022

Affidavit #7 of Doreen Navarro, legal assistant for counsel for the Caring Society. 

October 7, 2022

The Supreme Court of Canada provides an order granting intervenor status to 31 parties in reference to the Court of Appeal of Quebec in relation with Bill C-92 An Act respecting First Nations, Inuit and Métis children, youth and families

October 5, 2022

The Canadian Human Rights Tribunal (CHRT) grants the Caring Society intervenor status in Dominique v. Public Safety Canada. 

October 4, 2022

AFN's letter to CHRT regarding the Caring Society's October 3, 2022 letter on Janice Ciavaglia's September 28, 2022 affidavit and schedule.

Caring Society's letter to CHRT regarding AFN's October 4, 2022 letter.

October 3, 2022

Caring Society's letter to CHRT regarding Janice Ciavaglia's September 28, 2022 affidavit and schedule, and Caring Society's questions for Janice Ciavaglia regarding her September 28, 2022 affidavit.

September 29, 2022

NAN submissions on CHRT's questions regarding the Compensation Final Settlement Agreement.

September 28, 2022

Janice Ciavaglia's (AFN) Affidavit on the Compensation Final Settlement Agreement.

AFN Submissions on CHRT's questions regarding the Compensation Final Settlement Agreement.

September 23, 2022

Federal Court issues its Reasons for Order with regard to the intervenor status motion by the First Nations Child and Family Caring Society.

September 20, 2022

Cindy Blackstock issues a statement on the Compensation Final Settlement Agreement. 

September 15, 2022

The Caring Society's statement regarding the AFN/Canada Compensation Final Settlement Agreement Motion. 

September 14, 2022

Replies of the Attorney General of Canada and Assembly of First Nations (AFN) regarding the Compensation Final Settlement Agreement.

September 13, 2022

The Federal Court provides direction to AFN and the parties regarding hearing dates on compensation. 

AFN writes to the Canadian Human Rights Tribunal regarding AFN Counsel on the Motion on Compensation Final Settlement Agreement.