Non-Compliance Orders

On January 26, 2016, the Canadian Human Rights Tribunal (CHRT) released a ruling (2016 CHRT 2) that found Canada discriminates against First Nations children by providing less child welfare funding to help keep them safe and by not implementing Jordan's Principle to give them the services they need, when they need them. The CHRT ordered Canada to immediately stop the discrimination and to fully implement Jordan's Principle. Since the initial ruling, the CHRT has had to issue additional orders to Canada. 

 

2016 CHRT 10: April 26, 2016. Order for Canada to fully implement Jordan’s Principle within two weeks (May 10, 2016). 

 

2016 CHRT 16: September 14, 2016. Order for Canada to update its policies, procedures and agreements to comply with the findings in 2016 CHRT 2 with regard to the First Nations Child and Family Services Program, 1965 Agreement and Jordan's Principle.

 

2017 CHRT 7: March 29, 2017. Order moving forward Nishnawbe Aski Nation's motion for immediate relief including the Choose Life initiative.

 

2017 CHRT 14: May 26, 2017. Order regarding immediate relief for Jordan's Principle.

 

2017 CHRT 35: November 2, 2019. Order to amend 2017 CHRT 14 following Canada's judicial review of certain aspects.

 

2018 CHRT 4: February 1, 2018. Order for Canada to undertake a cost analysis First Nations Child and Family Services Program and 1965 Agreement; and, Canada to fund prevention/least disruptive measures on actuals.

 

2019 CHRT 1: January 7, 2019. Order for Canada to pay the complainants and the Chiefs of Ontario for compensation for knowingly failing to disclose 90,000 highly-relevant documents to the complaint and for failing to advise the CHRT and the parties at the earliest opportunity.

 

2019 CHRT 7: February 21, 2019. Order for non-status First Nations children recognized by their Nation in urgent situations to be covered under Jordan's Principle until the evidence has been heard regarding the definition of a First Nations. 

 

2019 CHRT 39: September 6, 2019. Order for Canada to pay maximum compensation ($40,000) for First Nations children and their families who were negatively impacted by Canada's discriminatory practices.

 

To read more about the case and to read other documents, visit the I am a Witness timeline