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
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.
Tribunal releases ruling 2021 CHRT 7 "Framework for the Payment of Compensation under 2019 CHRT 39"
Tribunal releases ruling 2021 CHRT 6 "Compensation Process Ruling on Four Outstanding Issues in Order to Finalize the Draft Compensation Framework"
The Caring Society’s written submissions with respect to the non-compliance motion regarding Non-Agency Communities. Submissions include Responses to Undertakings following the January 8, 2021 cross examination of Nathalie Nepton.
AFN Submissions regarding non-First Nations agencies.
Chiefs of Ontario's submissions on motion dated August 7, 2020 regarding prevention funding to First Nations.
Canadian Human Rights Commission submissions regarding the Caring Society's motion alleging non-compliance in respect of non-Agency communities.
Innu Nation Submissions on the motion dated August 7, 2020 on funding beyond federally-recognized FNCFS agencies.
Amnesty International files Notice of Appearance to the Federal Court re: ISC's application for judicial review
Canadian Human Rights Commission files Notice of Appearance to the Federal Court re: ISC's application for judicial review
Read the transcript of Ms. Nathalie Nepton, Director General of the First Nations Child and Family Services program within the Child and Family Services Reform sector at Indigenous Services Canada. The cross-examination was part of a motion filed by the Caring Society with respect to First Nations children and families living on-reserve and in the Yukon who received child and family services from provincial/territorial service providers.
Nishnawbe Aski Nation files Notice of Appearance to the Federal Court re: ISC's application for judicial review
Chiefs of Ontario file Notice of Appearance to the Federal Court re: ISC's application for judicial review
Caring Society files Notice of Appearance to Federal Court re: ISC's application for judicial review