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.
2021
The Canadian Human Rights Tribunal releases ruling providing detailed reasonings following the August 26, 2021 Letter-Decision confirming that funding of buildings and additional capital assets that support the delivery of FNCFS and Jordan's Principle programs and prevention services must be provided to FNCFS agencies, including small agencies and First Nations. The Tribunal also provided further reasonings regarding its ruling that the Tribunal’s orders are to be read harmoniously with the Financial Administration Act and, in the event of conflict, the orders have primacy
The Canadian Human Rights Tribunal releases ruling providing detailed reasonings following the August 26, 2021 Letter-Decision confirming that funding of buildings and additional capital assets that support the delivery of FNCFS and Jordan's Principle programs and prevention services must be provided to FNCFS agencies, including small agencies and First Nations. The Tribunal also provided further reasonings regarding its ruling that the Tribunal’s orders are to be read harmoniously with the Financial Administration Act and, in the event of conflict, the orders have primacy
The Caring Society files a Notice of Appearance with the Federal Court of Appeal in response to Canada's decision to appeal the Federal Court's September 29th, 2021 decision on the Compensation Order (2019 CHRT 39).
Canada filed an appeal of the September 29th, 2021 Federal Court decision to uphold the Canadian Human Rights Tribunal's order on compensation, 2019 CHRT 39. Canada also requested an abeyance from the Federal Court and asks for scheduled Case Management Conferencing to negotiate with the parties.
The Caring Society issues a statement expressing disappointment with the appeal. The Caring Society also consented to Canada’s request to pause the appeal for a very short period of time to allow for focused and intense negotiations to try and reach an agreement to end the Federal Government’s discrimination and prevent its recurrence in the provision of child and family services and Jordan’s Principle.
On September 30, 2021, the Assembly of First Nations submitted notice of appearance and notice of consent to e-service to the Federal Court in regards to Canada's Request for Judicial Review of the August 26, 2021 Capital letter-decision.
On September 29th, 2021, Justice Favel of the Federal Court issued a decision on two cases of judicial review put forward by Canada in regards to orders made by the CHRT.
The FNCIS-2019 report report summarizes the major findings for the First Nations Incidence Study of Reported Child Abuse & Neglect-2019 (FN/CIS-2019). It was released on September 27, 2021. The information sheets summarizing the report are linked below.
On September 24, 2021, Canada filed for Judicial Review on the Letter Decision issued by the Canadian Human Rights Tribunal on August 26, 2021.
Parties submit responses to the CHRT in regards to the August 26, 2021 letter decision and other unresolved issues before the Tribunal.
- AFN Letter to the CHRT September 17, 2021
- Attorney General of Canada Letter to the CHRT, September 17, 2021
- First Nations Child and Family Caring Society Letter to the CHRT, September 17, 2021
- Nishnawbe Aski Nation Letter to the CHRT, September 17, 2021
- Chiefs of Ontario Letter to the CHRT, September 17, 2021
On August 26, 2021, the Canadian Human Rights Tribunal issued a letter-decision to clarify and reinforce previous rulings for the purpose of ongoing negotiations and communication between all the parties. The CHRT confirms that funding of buildings and additional capital assets that support the delivery of FNCFS and Jordan's Principle programs and prevention services must be provided to FNCFS agencies, including small agencies and First Nations. This letter-decision serves as a precursor to a larger order accompanied by reasons.
The Caring Society writes to Canada regarding concerns of non-compliance with CHRT orders regarding Jordan's Principle.
The Attorney General of Quebec submits a reply to the Quebec Court of Appeal.
AGC v FNCFCSC et al - Memorandums of Fact and Law
Series of 7 Memorandums of Fact and Law:
- of the respondent, Canadian Human Rights Commission ("CHRC")
- of the respondent, Amnesty International
- of the intervener, Congress of Aboriginal Peoples
- of the respondent, First Nations Caring Society of Canada ("FNCFCS")
- of the respondent, Nishnawbe Aski Nation ("NAN")
- of the respondent, Assembly of First Nations ("AFN")
- of Interested party, Chiefs of Ontario ("COO")
AGC v FNCFCSC et al - Memorandums of Fact and Law
Series of 7 Memorandums of Fact and Law:
- of the respondent, Canadian Human Rights Commission ("CHRC")
- of the respondent, Amnesty International
- of the intervener, Congress of Aboriginal Peoples
- of the respondent, First Nations Caring Society of Canada ("FNCFCS")
- of the respondent, Nishnawbe Aski Nation ("NAN")
- of the respondent, Assembly of First Nations ("AFN")
- of Interested party, Chiefs of Ontario ("COO")
- File
AGC v FNCFCSC et al - Memorandums of Fact and Law
Series of 7 Memorandums of Fact and Law:
- of the respondent, Canadian Human Rights Commission ("CHRC")
- of the respondent, Amnesty International
- of the intervener, Congress of Aboriginal Peoples
- of the respondent, First Nations Caring Society of Canada ("FNCFCS")
- of the respondent, Nishnawbe Aski Nation ("NAN")
- of the respondent, Assembly of First Nations ("AFN")
- of Interested party, Chiefs of Ontario ("COO")
AGC v FNCFCSC et al - Memorandums of Fact and Law
Series of 7 Memorandums of Fact and Law:
- of the respondent, Canadian Human Rights Commission ("CHRC")
- of the respondent, Amnesty International
- of the intervener, Congress of Aboriginal Peoples
- of the respondent, First Nations Caring Society of Canada ("FNCFCS")
- of the respondent, Nishnawbe Aski Nation ("NAN")
- of the respondent, Assembly of First Nations ("AFN")
- of Interested party, Chiefs of Ontario ("COO")
- File
AGC v FNCFCSC et al - Memorandums of Fact and Law
Series of 7 Memorandums of Fact and Law:
- of the respondent, Canadian Human Rights Commission ("CHRC")
- of the respondent, Amnesty International
- of the intervener, Congress of Aboriginal Peoples
- of the respondent, First Nations Caring Society of Canada ("FNCFCS")
- of the respondent, Nishnawbe Aski Nation ("NAN")
- of the respondent, Assembly of First Nations ("AFN")
- of Interested party, Chiefs of Ontario ("COO")
- File
AGC v FNCFCSC et al - Memorandums of Fact and Law
Series of 7 Memorandums of Fact and Law:
- of the respondent, Canadian Human Rights Commission ("CHRC")
- of the respondent, Amnesty International
- of the intervener, Congress of Aboriginal Peoples
- of the respondent, First Nations Caring Society of Canada ("FNCFCS")
- of the respondent, Nishnawbe Aski Nation ("NAN")
- of the respondent, Assembly of First Nations ("AFN")
- of Interested party, Chiefs of Ontario ("COO")
- File
AGC v FNCFCSC et al - Memorandums of Fact and Law
Series of 7 Memorandums of Fact and Law:
- of the respondent, Canadian Human Rights Commission ("CHRC")
- of the respondent, Amnesty International
- of the intervener, Congress of Aboriginal Peoples
- of the respondent, First Nations Caring Society of Canada ("FNCFCS")
- of the respondent, Nishnawbe Aski Nation ("NAN")
- of the respondent, Assembly of First Nations ("AFN")
- of Interested party, Chiefs of Ontario ("COO")
- File
The Caring Society, Assembly of First Nations (AFN), Assemblée des premières nations Quèbec-Lafrador (AFNQL), Aseniwuche Winewak Nation (AWN) and Makivik Corporation submit their factums to the Court of Appeal of Quebec in relation to the Act Respecting First Nations, Inuit and Métis Children, Youth and Families.
Attorney General of Canada submits its factum to the Quebec Court of Appeal relating to An Act respecting First Nations, Inuit and Métis children, youth and families.
Attorney General of Canada submits its factum to the Quebec Court of Appeal relating to An Act respecting First Nations, Inuit and Métis children, youth and families.
Tribunal approves a consent order (2021 CHRT 12) regarding non-Agency Communities providing child and family services.
Tribunal approves a consent order (2021 CHRT 12) regarding non-Agency Communities providing child and family services.
Canada files Memorandum of Fact and Law for judicial reviews of CHRT orders regarding compensation and Jordan’s Principle eligibility of non-status First Nations children off reserve who are recognized by their Nations.
Attorney General of Canada submits two Amended Notices of Application for Judicial Review to the Federal Court.
Court File No. T-1559-20 is in relation to the Jordan's Principle judicial review and the Tribunal’s order regarding eligibility with the Compensation Framework.
Court File No. T-1621-19 is in relation to the compensation judicial review. The AGC makes application for orders to set aside the CHRT orders 2020 CHRT 7, 2020 CHRT 15, 2021 CHRT 6 and 2021 CHRT 7.
The Parliamentary Budget Officer (PBO) releases a new PBO report entitled "Compensation for the delay and denial of services to First Nations children."
Abstract: "This report estimates the financial cost of complying with a Canadian Human Rights Tribunal decision (2019 CHRT 39) as it relates to children who experienced delays and denials of services which should have been available under Jordan’s Principle. A previous report estimated the cost of complying with that decision as it relates to children taken into care."
The Attorney General of Quebec submits a factum on the C-92 matter to the Quebec Court of Appeal.