Jordan's Principle Timeline & Documents

On September 29th, 2021, Justice Favel of the Federal Court issued a decision on two cases of judicial review put forward by Canada in regards to orders made by the CHRT. 

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

Parties submit responses to the CHRT in regards to the August 26, 2021 letter decision and other unresolved issues before the Tribunal. 

On August 26, 2021, the Canadian Human Rights Tribunal issued a letter-decision to clarify and reinforce previous rulings for the purpose of ongoing negotiations and communication between all the parties. The CHRT confirms that funding of buildings and additional capital assets that support the delivery of FNCFS and Jordan's Principle programs and prevention services must be provided to FNCFS agencies, including small agencies and First Nations. This letter-decision serves as a precursor to a larger order accompanied by reasons. 

The Caring Society writes to Canada regarding concerns of non-compliance with CHRT orders regarding Jordan's Principle. 

AGC v FNCFCSC et al - Memorandums of Fact and Law

Series of 7 Memorandums of Fact and Law:

1. of the respondent, Canadian Human Rights Commission ("CHRC")
2. of the respondent, Amnesty International 
3. of the intervener, Congress of Aboriginal Peoples
4. of the respondent, First Nations Caring Society of Canada ("FNCFCS")
5. of the respondent, Nishnawbe Aski Nation ("NAN")
6. of the respondent, Assembly of First Nations ("AFN")
7. of Interested party, Chiefs of Ontario ("COO")

AGC v FNCFCSC et al - Memorandums of Fact and Law

Series of 7 Memorandums of Fact and Law:

1. of the respondent, Canadian Human Rights Commission ("CHRC")
2. of the respondent, Amnesty International 
3. of the intervener, Congress of Aboriginal Peoples
4. of the respondent, First Nations Caring Society of Canada ("FNCFCS")
5. of the respondent, Nishnawbe Aski Nation ("NAN")
6. of the respondent, Assembly of First Nations ("AFN")
7. of Interested party, Chiefs of Ontario ("COO")

AGC v FNCFCSC et al - Memorandums of Fact and Law

Series of 7 Memorandums of Fact and Law:

1. of the respondent, Canadian Human Rights Commission ("CHRC")
2. of the respondent, Amnesty International 
3. of the intervener, Congress of Aboriginal Peoples
4. of the respondent, First Nations Caring Society of Canada ("FNCFCS")
5. of the respondent, Nishnawbe Aski Nation ("NAN")
6. of the respondent, Assembly of First Nations ("AFN")
7. of Interested party, Chiefs of Ontario ("COO")

AGC v FNCFCSC et al - Memorandums of Fact and Law

Series of 7 Memorandums of Fact and Law:

1. of the respondent, Canadian Human Rights Commission ("CHRC")
2. of the respondent, Amnesty International 
3. of the intervener, Congress of Aboriginal Peoples
4. of the respondent, First Nations Caring Society of Canada ("FNCFCS")
5. of the respondent, Nishnawbe Aski Nation ("NAN")
6. of the respondent, Assembly of First Nations ("AFN")
7. of Interested party, Chiefs of Ontario ("COO")

AGC v FNCFCSC et al - Memorandums of Fact and Law

Series of 7 Memorandums of Fact and Law:

1. of the respondent, Canadian Human Rights Commission ("CHRC")
2. of the respondent, Amnesty International 
3. of the intervener, Congress of Aboriginal Peoples
4. of the respondent, First Nations Caring Society of Canada ("FNCFCS")
5. of the respondent, Nishnawbe Aski Nation ("NAN")
6. of the respondent, Assembly of First Nations ("AFN")
7. of Interested party, Chiefs of Ontario ("COO")

AGC v FNCFCSC et al - Memorandums of Fact and Law

Series of 7 Memorandums of Fact and Law:

1. of the respondent, Canadian Human Rights Commission ("CHRC")
2. of the respondent, Amnesty International 
3. of the intervener, Congress of Aboriginal Peoples
4. of the respondent, First Nations Caring Society of Canada ("FNCFCS")
5. of the respondent, Nishnawbe Aski Nation ("NAN")
6. of the respondent, Assembly of First Nations ("AFN")
7. of Interested party, Chiefs of Ontario ("COO")

AGC v FNCFCSC et al - Memorandums of Fact and Law

Series of 7 Memorandums of Fact and Law:

1. of the respondent, Canadian Human Rights Commission ("CHRC")
2. of the respondent, Amnesty International 
3. of the intervener, Congress of Aboriginal Peoples
4. of the respondent, First Nations Caring Society of Canada ("FNCFCS")
5. of the respondent, Nishnawbe Aski Nation ("NAN")
6. of the respondent, Assembly of First Nations ("AFN")
7. of Interested party, Chiefs of Ontario ("COO")

Canada files Memorandum of Fact and Law for judicial reviews of CHRT orders regarding compensation and Jordan’s Principle eligibility of non-status First Nations children off reserve who are recognized by their Nations.

Attorney General of Canada submits two Amended Notices of Application for Judicial Review to the Federal Court.

Court File No. T-1559-20 is in relation to the Jordan's Principle judicial review and the Tribunal’s order regarding eligibility with the Compensation Framework. 

Court File No. T-1621-19 is in relation to the compensation judicial review. The AGC makes application for orders to set aside the CHRT orders 2020 CHRT 7, 2020 CHRT 15, 2021 CHRT 6 and 2021 CHRT 7. 

The Parliamentary Budget Officer (PBO) releases a new PBO report entitled "Compensation for the delay and denial of services to First Nations children." 

Abstract: "This report estimates the financial cost of complying with a Canadian Human Rights Tribunal decision (2019 CHRT 39) as it relates to children who experienced delays and denials of services which should have been available under Jordan’s Principle. A previous report estimated the cost of complying with that decision as it relates to children taken into care."

Tribunal releases ruling 2021 CHRT 7 "Framework for the Payment of Compensation under 2019 CHRT 39"

Tribunal releases ruling 2021 CHRT 6 "Compensation Process Ruling on Four Outstanding Issues in Order to Finalize the Draft Compensation Framework"

Amnesty International files Notice of Appearance to the Federal Court re: ISC's application for judicial review

Canadian Human Rights Commission files Notice of Appearance to the Federal Court re: ISC's application for judicial review

Nishnawbe Aski Nation files Notice of Appearance to the Federal Court re: ISC's application for judicial review

Chiefs of Ontario file Notice of Appearance to the Federal Court re: ISC's application for judicial review

Caring Society files Notice of Appearance to Federal Court re: ISC's application for judicial review

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. 

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.