Actions and Commitments

Call to Action # 3 : Child Welfare (1-5)

CHRT clarification on compensation definitions

June 1, 2020

The latest ruling provides clarification on the following definitions related to compensation regarding Jordan’s Principle: essential service, service gap, and unreasonable delay. The Tribunal upheld several issues related to the definitions that the Assembly of First Nations (AFN) put forward, including that a service did not need to be requested to be considered “essential,” and that definitions must be grounded in the principle of substantive equality. The Tribunal provided recommendations on the definitions of these terms, and the AFN, Canada and the other Parties involved with the case will collaborate on definitions to finalize the Draft Compensation Framework. Canada has sought Judicial Review of this ruling in Federal Court; however, hearings cannot commence until a final ruling on compensation is issued by the Tribunal.