CHRT Orders
On February 23, 2007, the First Nations Child and Family Caring Society and the Assembly of First Nations filed a human rights complaint at the Canadian Human Rights Commission alleging that the Government of Canada is providing less child welfare funding to First Nations children and failing to fully implement Jordan's Principle. The case was referred to the Canadian Human Rights Tribunal (CHRT or Tribunal) for a full hearing on the merits of the case.Â
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On January 26, 2016, the Tribunal substantiated the complaint in the 2016 CHRT 2 ruling. While this was a significant ruling, there have been many orders from the Tribunal after this ruling and also before. See below for all orders related to this complaint.Â
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Visit the I am a Witness timeline for all documents related to the case.
2023
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September 26, 2023. The Tribunal releases a ruling providing detailed reasonings following its letter-decision finding that the revised final settlement agreement on compensation satisfies its compensation orders.
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July 26, 2023. The Tribunal issues a letter-decision with reasons to follow on the revised final settlement agreement on compensation.
2022
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December 20, 2022. The Tribunal issues its full reasons for its letter-decision on the class action final settlement agreement on compensation.
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October 24, 2022. Letter-decision with reasons to follow on the class action Final Settlement Agreement.
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September 2, 2022. Order granting FSIN Interested Party status.
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March 24, 2022. The Tribunal orders Canada to fund at actual cost post-majority care to youth aging out of care and young adults who were formerly in care up to and including age 25 and assess the resources required to extend Jordan's Principle supports to young adults past the age of majority.
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January 18, 2022. The Tribunal issues an amendment to 2021 CHRT 41 based on the consent of the Parties.
2021
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November 16, 2021. The Tribunal releases ruling providing detailed reasonings following the August 26, 2021 Letter-Decision confirming major capital.
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August 26, 2021. The Tribunal issued a Letter Decision, with reasons to follow, on issues around capital.
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March 17, 2021. Tribunal approves a consent order regarding non-Agency Communities providing child and family services.
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February 12, 2021. Tribunal releases ruling 2021 CHRT 7 "Framework for the Payment of Compensation under 2019 CHRT 39."
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February 11, 2021. Tribunal releases ruling 2021 CHRT 6 "Compensation Process Ruling on Four Outstanding Issues in Order to Finalize the Draft Compensation Framework"
2020
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November 25, 2020. Order regarding criteria on the groups of children eligible to receive services through Jordan's Principle.
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August 11, 2020. Order regarding the Band Representative Services for Ontario First Nations, Tribal Councils and First Nations Child and Family Service Agencies.
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July 17, 2020. Order on the groups of children eligible to receive services through Jordan's Principle.
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June 12, 2020. Order on a disclosure issue.
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May 28, 2020. The Tribunal rules the compensation process on outstanding issues in order to finalize the Draft Compensation Framework.
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April 16, 2020. The Tribunal rules on three questions where the Caring Society, Assembly of First Nations and Canada did not reach a consensus and required further guidance from the Tribunal with regard to the submissions from the Parties on the comp
2019
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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.
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March 4, 2019. CHRT grants the Congress of Aboriginal Peoples (CAP) limited interested party status with conditions.
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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 child.
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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.
2018
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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.
2017
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November 2, 2017. Order to amend 2017 CHRT 14 following Canada's judicial review of certain aspects.
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May 26, 2017. Order regarding immediate relief for Jordan's Principle.
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March 29, 2017. Order moving forward Nishnawbe Aski Nation's motion for immediate relief including the Choose Life initiative.
2016
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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.
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April 26, 2016. Order for Canada to fully implement Jordan’s Principle within two weeks (May 10, 2016).
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January 26, 2016. Kids win! In a landmark ruling, the Canadian Human Rights Tribunal finds the Canadian government is racially discriminating against 165,000 First Nations children.
2015
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June 5, 2015. Order ruling that Canada engaged in retaliation against Dr. Blackstock and the Caring Society and requiring compensation.
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January 14, 2015. Order clarifying the inclusion of certain documents in the evidentiary record.
2014
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March 18, 2014. Order clarifying the scope and application of the previous order (2014 CHRT 2).
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January 16, 2014. Order dismissing Caring Society's motion to amend the rules of evidence.
2013
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July 3, 2013. Order regarding timeline adjustment and disclosure of documents.
2012
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October 31, 2012. Order dismissing the Caring Society's motion to strike Canada's expert.
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October 16, 2020. Order allowing the complaint to be amended to include retaliation against the Caring Society and Cindy Blackstock.
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October 12, 2012. Order regarding limited restrictions of broadcasts by APTN during witness testimony.
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August 24, 2012. Order allowing APTN camera access to the hearings.
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August 23, 2012. Order dismissing Canada's request to dismiss the case.
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July 10, 2012. A ruling to assign a three person panel to the case.
2011
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March 14, 2011. Dismissal of the complaint by the CHRT.
2010
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May 28, 2016. Order regarding the broadcasting of hearings by APTN.
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March 24, 2010. An order regarding interested party status for Mushkegowuk Council.