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Tribunal Time Line and Documents
Click here to read about the timeline and documents leading up to the complaint.
2012
| April 18, 2012 |
Federal Court sets aside Chair Chotalia's decision to dismiss the First Nations child welfare case and returns the matter to Canadian Human Rights Tribunal for a new hearing Read the Reasons for Judgment |
| April 17, 2012 | List of Documents filed in Federal Court |
| March 15, 2012 | Caring Society not granted leave to make oral arguments in Moore case. Read the SCC Order Motion here. |
| February 20, 2012 | Caring Society Factum in support of Moore case |
| February 20, 2012 | Caring Society Book of Authorities in support of Moore case |
| February 13, 14,15, 2012 | Judicial review (appeal) of Tribunal Chair Chotalia’s decision to dismiss the complaint is heard in Federal Court |
| February 13, 2012 | Amnesty International submission to UN CERD on FN Child Welfare Case |
| January 30, 2012 |
Caring Society granted intervenor status in SCC case dealing with how public schools treat special needs children |
| January 12, 2012 | Summary of the positions of the parties to the judicial review (Appeal) of Canadian Human Rights Chair Chotalia’s decision to dismiss the First Nations child welfare case |
2011
2010
| December 23, 2010 | Attorney General's reply to Caring Society submissions on Nil'tou case. Nil Tu O Reply Reply Authorities |
| December 17, 2010 | Attorney General Responds to AFN UNDRIP submissions Response Reference material |
| December 10, 2010 | Assembly of First Nations submissions on the UN Declaration on the Rights of Indigenous Peoples |
| December 9, 2010 | Attorney General (AG) relies on Niltu'o/ BCGEU labour case to bolster its claims case. Read the AG submission |
| December 8, 2010 | National Chief Shawn Atleo and Cindy Blackstock appear before the Standing Committee on Aboriginal Affairs and Northern Development for study on First Nations child and family services. Read the transcript Read the Caring Society written submission Listen to the audio recording here |
| December 7, 2010 | Cindy Blackstock testifies on adoption before the House of Commons Committee on Human Resources, Skills and Social Development Listen to the audio recording here |
| December 6, 2010 | Auditor General of Canada and Auditor General of British Columbia appear before the Standing Committee on Aboriginal Affairs and Northern Development for study on First Nations child and family services. Read the transcript |
| December 3, 2010 | Tribunal guideline for releasing rulings passes on motion to dismiss. Not clear when ruling will be made given new submissions. |
| December 1, 2010 | Tribunal allows more submissions on eve of ruling deadline |
| November 24, 2010 | Minister of Indian Affairs and senior INAC staff appear before the Standing Committee on Aboriginal Affairs and Northern Development for study on First Nations child and family services. Read the transcript |
| November 11, 2010 | Supreme Court issues ruling on Niltu'o/BCGEU labour relations case that is later used by Attorney General to bolster its case to dismiss. Read the case here |
| October 2010 | Attorney General of Canada opposes APTN appeal re: broadcasting of the Tribunal |
| October 2010 | Caring society submission supporting APTN appeal to Federal Court re broadcasting the tribunal |
| June 4, 2010 | Summary of Motion to Dismiss hearings held June 2,3, 2010 |
| June 2, 3, 2010 | Tribunal hears Canada's motion to dismiss the Canadian Human Rights Tribunal on the "funding is not a service" and comparator technicalities. Read the reflections of youth witnesses here |
| May 28, 2010 | Tribunal Chair Shirish Chotalia rules against APTN motion to broadcast the tribunal hearings. The Caring Society and AFN supported APTN's application as this case affects children, families and communities across Canada and they have a right to watch matters affecting them. Read the Tribunal order |
| May 14, 2010 | Caring Society factum opposing Attorney General's application to dismiss at the Tribunal |
| March 30, 2010 | Federal Court Justice O'Reilly upholds the November 2009 Federal Court decision to stay Canada's application to dismiss the tribunal on the "funding is not a service" issue until after the tribunal is over. Canada does not appeal. Read the Federal Court Orders |
| March 29, 2010 | Canadian Human Rights Tribunal Chair Shirish Chotalia hears Aboriginal Peoples Television Network’s motion to broadcast the Canadian Human Rights Tribunal. All parties except Canada are in favor of the tribunal being televised. Canada suggests that it’s witnesses, who are almost exclusively public servants, are concerned that their testimony might damage their relationships with First Nations. Canada also notes it is having a hard time getting witnesses to testify on their behalf and worry that televising the proceedings would make it even harder.
Caring society files 17 affidavits by First Nations Elders, leaders, youth and parents who want the proceedings televised so they can follow the case. |
| March 24, 2010 | Canada’s appeal of Prothonotary Aronovitch’s decision to stay their application to dismiss the tribunal until after the tribunal is over is heard before Justice O’Reilly in Federal Court |
| March 3, 2010 | Elsie Flette, CEO of the Southern First Nations Network of Care Authority, is cross examined in public by Canada on her affidavit filed in opposition to Canada’s application to derail the tribunal on the “funding is not a service” argument. Read the transcript |
| February 26, 2010 | Canada’s top official on First Nations child welfare is cross examined by the Caring Society on her affidavit filed in support of Canada’s application to derail the tribunal on the “funding is not a service” argument. Canada’s lawyers refuse to have their witness testify in public as the public might distract her from her answers. Read the transcript Read the motion to dismiss |
| February 25, 2010 | Tom Goff, consultant, is cross examined in public by Canada on his affidavit opposing Canada’s application at the Canadian Human Rights Tribunal to derail the tribunal on the “funding is not a service” argument. Read the transcript |
| February 23, 2010 | Caring Society Executive Director, Cindy Blackstock, PhD, is cross examined in public by Canada on her affidavit opposing Canada’s application at the Canadian Human Rights Tribunal to derail the tribunal on the “funding is not a service” argument. Students from Elizabeth Wyn Wood Secondary along with other members of the public come to watch. Read the transcript |
| February 18, 2010 | Important Federal Government Document on Jordan's Principle |
2009
| December 21, 2009 | Canada files an application to derail the tribunal on the merits with the Canadian Human Rights Tribunal arguing that the Tribunal does not have jurisdiction as “funding is not a service.” |
| December 7, 2009 | INAC contracts KPMG Forensic to provide an expert report and expert witness services for the Crown. Contract obtained through Access to Information. |
| November 24, 2009 | Federal Court Prothonotary Aronovitch rules that Canada’s application to strike the tribunal should be stayed until after the tribunal rules. Canada appeals. Read the Federal Court Orders |
| November 6, 2009 | Tribunal Chair Chotalia vacates all the hearing dates on the merits without consultation with the parties and introduces a variety of procedural mechanisms for reasons we still do not fully understand. |
| November 2, 2009 | Conservative government appoints a new Tribunal Chair, Shirish Chotalia. |
| October 20, 2009 | INAC explains narrowing of Jordan's Principle and Enhanced Funding Model at Aboriginal Affairs Committee |
| September 14, 2009 | Canadian Human Rights Tribunal opens. Tribunal Chair Sinclair grants interested party status to Amnesty International Canada and to the Chiefs of Ontario. Chair Sinclair orders the tribunal to resume hearings on the merits on November 16, 2009.
Opening Statement at the Canadian Human Rights Tribunal on First Nations child welfare made by Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society of Canada. |
2008
| October 2008 | Canadian government appeals decision by the CHRC to refer the matter to the tribunal on the basis that it funds child welfare and others provide the service. Only services are protected under the Canadian Human Rights Act and thus, the government believes, they should be exempt from this discrimination claim. |
| September 30, 2008 | Canadian Human Rights Commission refers the complaint to the Canadian Human Rights Tribunal. CHRC believes the case is so important to the public interest that it will argue the case in favour of First Nations children’s equity at the Tribunal. |
| May, 2008 | Auditor General of Canada releases her report confirming that Canada’s funding arrangements for First Nations child and family services are inequitable. |
2007
| February 23, 2007 | Assembly of First Nations (AFN)and the First Nations Child and Family Caring Society (Caring Society) file complaint with the Canadian Human Rights Commission (CHRC) alleging that Canada is racially discriminating against First Nations children by providing less child welfare funding, and thus benefit, on reserves. Read the Canadian Human Rights Complaint |
Click here to learn more about the Canadian Human Rights Tribunal process
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Interview with Cindy Blackstock, First Nations Child and Family Caring Society of Canada
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Lisa Abel interviews Cindy Blackstock on the First Nations Child Welfare Tribunal, September 17, 2009
