Current Problems

Child Welfare (1-5)

CHRT Judicial Reviews

January 26, 2022

First Judicial Review: Ruling on immediate relief concerning Jordan’s Principle, cited as 2017 CHRT 14 (“the May 26th Orders”).

On June 23, 2017, Canada filed an application for judicial review of certain aspects of the May 26th Orders, seeking to quash paragraphs thereof prohibiting Canada from engaging in case conferencing and requiring Canada to complete the initial evaluation and determination of requests within 12-48 hours of receipt

Tribunal Decision

The Tribunal noted that the manner in which Canada limits funding for prevention services is not an acceptable fiscal or social policy and is harming First Nations children as a result. Canada is taking an overly narrow approach to honouring Jordan’s Principle that applies to all First Nations children in need of care, regardless of where they reside. The ruling sets out a number of directives and timelines for Canada to comply with Jordan’s Principle.

Second Judicial Review: Decision to award $2B in damages to approximately 53,000 Indigenous children and youth wrongly removed or denied essential services.

Tribunal Decision:

On September 29th, 2021, Justice Favel of the Federal Court released his decision on two matters put forward by Canada for Judicial Review, in cases T-1559-20 and T-1621-19.

The Federal Court has dismissed Ottawa’s appeals of two human rights tribunal rulings concerning First Nations child welfare compensation and protection. The court upheld a 2019 ruling of the Canadian Human Rights Tribunal that ordered Ottawa to pay $40,000 — the maximum amount permitted under the Canadian Human Rights Act — to thousands of First Nations children and their families.

T-1559-20 and T-1621-19 Judgment and Reasons

Third Judicial Review: Capital Costs award decision

On September 24, 2021, Canada filed for Judicial Review on the Letter Decision issued by the Canadian Human Rights Tribunal on August 26, 2021.

Notice of Application for Judicial Review
Jan. 26, 2022: Federal Government has withdrawn its application for judicial review of a CHRT (Tribunal) ruling on capital assets funding for First Nations child and family services and Jordan’s Principle. The government decision will ensure that First Nations have access to funding for the purchase and construction of capital assets in accordance with the Tribunal’s order