In an email sent to the parties on July 23, 2026, Member Marchildon advised that, following his resignation, Member Lustig did not believe it appropriate to have any further involvement in the case, including reviewing or signing the detailed reasons for the Ontario Final Agreement (OFA) decision. Member Marchildon proposed to complete the reasons herself, noting that the OFA had been fully adjudicated and jointly decided by both panel members before the resignation.

On July 31, 2026, in a submission to CHRT Chairperson Khurana, Member Marchildon opposed Canada's request for a new three-member panel and asked to continue adjudicating the case, either alone or with two newly appointed members, to preserve continuity and avoid delays. 

On August 7, 2026 parties responded to Canada's request and Member Marchildon's submissions concerning the panel composition.

In an email sent to the parties on July 23, 2026, Member Marchildon invited submissions by August 4, 2026 on whether the parties consented to her proposed approach to releasing the full Ontario Final Agreement (OFA) decision on her own, with any objections supported by relevant case law and considered through a human rights and administrative law lens.

On July 28, 2026, Canada wrote to the Tribunal Chairperson, requesting two members be added to reconstitute a 3-member panel.

On July 30, 2026, the Assembly of First Nations, Chiefs of Ontario, Nishnawbe Aski Nation and the Caring Society filed a Joint Proposal regarding the outstanding issues related to 2025 CHRT 6 pursuant to the Tribunal's direction at the July 21, 2026, CMCC. 

On July 24, 2026, the AFN filed correspondence to the Tribunal in response to correspondence from the Caring Society, pursuant to the oral direction of the Tribunal at the case conference held on July 21, 2026.

On July 24, 2026, AFN filed the affidavit of Andrew Bisson regarding an update from the AFN’s Annual General Assembly, pursuant to the direction of the Tribunal dated May 22, 2026.

On July 27, 2026, the Caring Society filed the affidavit of Cindy Blackstock providing an update on the 2026 AFN Annual General Assembly, as contemplated in the schedule approved by the Tribunal on May 22, 2026.

On July 23, 2026, the Caring Society filed the affidavit of Jasmine Kaur in response to Canada's application for judicial review of 2025 CHRT 80.