On February 23, 2007, the AFN and First Nations Child and Family Caring Society filed a complaintwith the Canadian Human Rights Commission which alleged that Canada racially discriminates against First Nations children in their inequitable funding of child and family services on-reserve.
On January 26, 2016, the Tribunal ruled in favour of First Nations children (2016 CHRT 2), finding that Canada, indeed, funds the on-reserve child and family services program inequitably.
The Tribunal released an initial compliance ruling on immediate relief (2016 CHRT 10) on April 26, 2016, related to the First Nations child and family services program, the 1965 Agreement, Jordan’s Principle, and other issues.
The Tribunal issued a second compliance ruling on September 14, 2016 (2016 CHRT 16), on additional immediate relief measures and reporting on progress towards implementation of the Orders.
The Tribunal issued a third compliance ruling on May 26, 2017 (2017 CHRT 14), that expanded the definition of Jordan’s Principle, made orders on the tracking and processing of Jordan’s Principle cases, and called for publicizing of clear information on Jordan’s Principle.
The Tribunal has issued a fourth compliance ruling on February 1, 2018 (2018 CHRT 4), ordering Canada to analyze the agencies’ needs assessments previously completed, to remove factors of the funding formula that incentivize the apprehension of children pending a new funding formula, and to fully fund agency costs at actuals.
A full and comprehensive timeline of the Canadian Human Rights Tribunal case is available through the First Nations Child and Family Caring Society of Canada’s website.