Calendrier et documents

Order from the Federal Court - Justice Paul Favel is assigned to case management.

AFN files Notice of Appearance to the Federal Court. 

Canada files for judicial review with the Federal Court of the CHRT's rulings (2020 CHRT 20 and 2020 CHRT 36) on the groups of children eligible to receive services through Jordan's Principle. 

Importantly, both 2020 CHRT 20 and 2020 CHRT 36 remain in place while the judicial review is underway. Canada must adhere  to the Tribunal’s orders and provide services to children eligible under one of the four criteria, including children recognized by their Nation for the purposes of Jordan’s Principle, pending a decision from the Federal Court.

The CHRT releases 2020 CHRT 36 on the groups of children eligible to receive services through Jordan's Principle. The CHRT rules that cases meeting any one of the four criteria are eligible for consideration under Jordan's Principle. Those criteria are the following:

1. The child is registered or eligible to be registered under the Indian Act, as amended from time to time;
2. The child has one parent/guardian who is registered or eligible to be registered under the Indian Act;
3. The child is recognized by their Nation for the purposes of Jordan’s Principle; or
4. The child is ordinarily resident on reserve. 

The CHRT releases 2020 CHRT 36 on the groups of children eligible to receive services through Jordan's Principle. The CHRT rules that cases meeting any one of the four criteria are eligible for consideration under Jordan's Principle. Those criteria are the following:

1. The child is registered or eligible to be registered under the Indian Act, as amended from time to time;
2. The child has one parent/guardian who is registered or eligible to be registered under the Indian Act;
3. The child is recognized by their Nation for the purposes of Jordan’s Principle; or
4. The child is ordinarily resident on reserve. 

Parties submit replies to the Tribunal's questions from October 20, 2020 regarding the Compensation Framework.

Tribunal sends letter to Parties outlining questions regarding the Compensation Framework.

The Assembly of First Nations makes submissions to the Tribunal regarding Trusts and Canada's Financial Administration Act Submissions. 

AGC sends the latest compensation framework seeking additional clarification from Tribunal "with respect to the use of a trust to hold compensation funds for minors and adults who lack legal capacity."

Caring Society makes written submissions re: Canada's current financial approach in line with the Financial Administration Act and Treasury Board Authorities" and "re: Trust for beneficiaries without the legal capacity under the compensation framework."

Chiefs of Ontario makes written submissions to the Tribunal regarding "Canada's current financial approach in line with the Financial Administration Act and Treasury Board Authorities."

NAN makes written submissions to the Tribunal "responding to Canada's update to Terms and Conditions re: Band Representative Services and Capital and responding to Canada's Financial Administration Act Submissions.

Caring Society Notice of Motion for "Declaration of non-compliance with the Tribunal's Orders" and "Eradiction of discrimination through needs-based funding, regardless of service provider".

The CHRT released a ruling on the groups of children eligible to receive services through Jordan's Principle. Canada has been ordered to immediately consider eligible for services through Jordan's Principle:

• First Nations children who will become eligible for Indian Act registration/status under S-3 implementation.

The CHRT found two other categories of First Nations children who will be eligible in the future following a further order from the CHRT:

•  First Nations children without Indian Act status who are recognized as citizens or members of their respective First Nations; and
• First Nations children who do not have Indian Act status and who are not eligible for Indian Act status, but have a parent/guardian with, or who is eligible for, Indian Act status.

The Tribunal rules (2020 CHRT 15) on the compensation process on outstanding issues in order to finalize the Draft Compensation Framework. 

NAN submits reply letter on procedural issues.

Order from the Federal Court regarding costs and reasons stemming from Canada's motion to stay the compensation order. 

Caring Society submits letter and procedural protocol responding to NAN's submissions dated May 13, 2020.

AGC, AFN submit letters to the CHRT regarding the Caring Society's letter and procedural protocol.

Caring Society submits letter and procedural protocol responding to NAN's submissions dated May 13, 2020.

AGC, AFN submit letters to the CHRT regarding the Caring Society's letter and procedural protocol.

NAN's reply submissions re: Compensation Process

AGC’s Reply Submissions re: The Panel’s April 22, 2020 request to COO and NAN

Reply of the Assembly of First Nations in response to the submissions of Nishnawbe Aski Nation on April 30 and May 1, 2020 and by the Chiefs of Ontario on May 1, 2020 regarding compensation implementation.

Letter to the CHRT - response of the Caring Society, the Assembly of First Nations (the “AFN”) and the Attorney General of Canada (“Canada”) to the submissions delivered by the Nishnawbe Aski Nation (“NAN”) on April 30, 2020 and by the Chiefs of Ontario (“COO”) on May 1, 2020 and response of the AG agreeing with the response.

Letter to the CHRT - response of the Caring Society, the Assembly of First Nations (the “AFN”) and the Attorney General of Canada (“Canada”) to the submissions delivered by the Nishnawbe Aski Nation (“NAN”) on April 30, 2020 and by the Chiefs of Ontario (“COO”) on May 1, 2020 and response of the AG agreeing with the response.

Chiefs of Ontario submits written reply submissions re: Compensation Process Framework Pursuant to 2019 CHRT 39 to Tribunal.

NAN makes submissions re Compensation Process: Definition of “Caregiver”

Chiefs of Ontario submits written reply submissions re: Compensation Process Framework Pursuant to 2019 CHRT 39 to Tribunal.

NAN makes submissions re Compensation Process: Definition of “Caregiver”

Caring Society makes submissions on essential services for CFS (plus compendium, affidavit of Cindy Blackstock April 30, 2020, Annex A + B - definitions of essential services). 

AFN, Canadian Human Rights Commission, and NAN also submit written submissions regarding compensation to the CHRT.

Caring Society makes submissions on essential services for CFS (plus compendium, affidavit of Cindy Blackstock April 30, 2020, Annex A + B - definitions of essential services). 

AFN, Canadian Human Rights Commission, and NAN also submit written submissions regarding compensation to the CHRT.

In a new ruling (2020 CHRT 7), the Tribunal rules on three questions where the Caring Society, AFN and Canada did not reach a consensus and required further guidance from the Tribunal with regard to the draft “Framework for the Payment of Compensation under 2019 CHRT 39.”

In a new ruling (2020 CHRT 7), the Tribunal rules on three questions where the Caring Society, AFN and Canada did not reach a consensus and required further guidance from the Tribunal with regard to the draft “Framework for the Payment of Compensation under 2019 CHRT 39.”

First Nations Child & Family Caring Society of Canada submissions to the CHRT include "Written Submission re: Documents and submissions provided by Canada on March 4, 2020 in response to Tribunal's February 20, 2020 information request" and affidavit of Cindy Blackstock.

AFN Response Submissions re: Canada's Program Manuals (in AGC March 4, 2020 submissions)

Submissions of the Canadian Human Rights Commission responding to Canada’s submissions dated March 4, 2020, on documents requested by the Panel.

First Nations Child & Family Caring Society of Canada submissions to the CHRT include "Written Submission re: Documents and submissions provided by Canada on March 4, 2020 in response to Tribunal's February 20, 2020 information request" and affidavit of Cindy Blackstock.

AFN Response Submissions re: Canada's Program Manuals (in AGC March 4, 2020 submissions)

Submissions of the Canadian Human Rights Commission responding to Canada’s submissions dated March 4, 2020, on documents requested by the Panel.

Office of the Parliamentary Budget Officer's releases their report  on First Nations Child Welfare: Compensation for Removals