I am a Witness: Tribunal Timeline & Documents

AGC v FNCFCSC et al - Memorandums of Fact and Law

Series of 7 Memorandums of Fact and Law:

1. of the respondent, Canadian Human Rights Commission ("CHRC")
2. of the respondent, Amnesty International 
3. of the intervener, Congress of Aboriginal Peoples
4. of the respondent, First Nations Caring Society of Canada ("FNCFCS")
5. of the respondent, Nishnawbe Aski Nation ("NAN")
6. of the respondent, Assembly of First Nations ("AFN")
7. of Interested party, Chiefs of Ontario ("COO")

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

Order from the Federal Court - Justice Paul Favel is assigned to case management.

AFN files Notice of Appearance to the Federal Court. 

Canada files for judicial review with the Federal Court of the CHRT's rulings (2020 CHRT 20 and 2020 CHRT 36) on the groups of children eligible to receive services through Jordan's Principle. 

Importantly, both 2020 CHRT 20 and 2020 CHRT 36 remain in place while the judicial review is underway. Canada must adhere  to the Tribunal’s orders and provide services to children eligible under one of the four criteria, including children recognized by their Nation for the purposes of Jordan’s Principle, pending a decision from the Federal Court.

The CHRT releases 2020 CHRT 36 on the groups of children eligible to receive services through Jordan's Principle. The CHRT rules that cases meeting any one of the four criteria are eligible for consideration under Jordan's Principle. Those criteria are the following:

1. The child is registered or eligible to be registered under the Indian Act, as amended from time to time;
2. The child has one parent/guardian who is registered or eligible to be registered under the Indian Act;
3. The child is recognized by their Nation for the purposes of Jordan’s Principle; or
4. The child is ordinarily resident on reserve. 

The CHRT releases 2020 CHRT 36 on the groups of children eligible to receive services through Jordan's Principle. The CHRT rules that cases meeting any one of the four criteria are eligible for consideration under Jordan's Principle. Those criteria are the following:

1. The child is registered or eligible to be registered under the Indian Act, as amended from time to time;
2. The child has one parent/guardian who is registered or eligible to be registered under the Indian Act;
3. The child is recognized by their Nation for the purposes of Jordan’s Principle; or
4. The child is ordinarily resident on reserve. 

The Attorney General of Canada submits the affidavit of Nathalie Nepton, Director General of the Children and Families Branch at Indigenous Services Canada. 

Parties submit replies to the Tribunal's questions from October 20, 2020 regarding the Compensation Framework.

Further to the Caring Society's motion from August 7, 2020, the following affidavits are submitted to the Tribunal. 

• Caring Society - Dr. Cindy Blackstock, Grand Chief Peter Johnston
• Innu Nation - Germaine Benuen
• Chiefs of Ontario - Grand Chief Joel Abram

Tribunal sends letter to Parties outlining questions regarding the Compensation Framework.

Canada's Reply to NAN's submissions on capital for Band Representative Services, including affidavit of Nathalie Nepton

The Assembly of First Nations makes submissions to the Tribunal regarding Trusts and Canada's Financial Administration Act Submissions.