Updates

2020

  • On July 27, 2020, the Plaintiffs served their Fourth Supplementary Motion Record in response to documents filed by Canada.
  • On March 16, 2020, the Tribunal made an order clarifying three issues relating to the compensation of First Nations youth and their families: (a) any compensation will be paid to affected children after they reach the age of majority under the laws of their respective province or territory; (b) children apprehended before January 1, 2006 who were still in out-of-home care on that date are included in the Tribunal’s compensation order; and (c) the estates of deceased individuals who would qualify for compensation, if alive, can benefit from that compensation.
  • On March 11, 2020, the Plaintiffs served their Third Supplementary Motion Record in response to documents filed by Canada.
  • On February 28, 2020, the Plaintiffs served additional documents on Canada in support of the motion for certification.
  • On January 29, 2020, the Federal Court ordered a four day hearing of the proposed certification motion on September 14, 2020, in Montreal. Click here to read the Order of Madam Justice St-Louis.

2019

  • On December 11, 2019, the House passed a motion calling on Ottawa to pay First Nations child welfare compensation ordered by the Tribunal.
  • On November 29, 2019, the Federal Court rejected Canada’s request to stay the Tribunal’s compensation ruling. Canada now has until January 29, 2020 to submit a plan to the Tribunal detailing how compensation will be paid out to affected children and families.
  • On November 25, 2019, Canada announced that it would try to settle on compensation outside of Court in the First Nations child welfare class action lawsuit.
  • On November 25, 2019, Canada stated that it will “work with plaintiffs’ counsel with the goal of moving forward with certification” of the class action in the Federal Court.
  • On October 19, 2019, Prime Minister Trudeau stated that he agreed with the Tribunal’s decision that First Nations children deserve compensation for the discrimination they experienced.
  • On October 4, 2019, Canada filed an application in Federal Court, seeking to judicially review the Tribunal’s ruling on compensation. Canada also asked the Federal Court for a stay of the Tribunal’s decision on compensation until the judicial review is decided.
  • On September 6, 2019, the Tribunal issued a seventh non-compliance order against Canada for continuing its discriminatory practices. The Tribunal also issued its ruling on compensation for victims of Canada’s discrimination, finding that various categories of First Nations children and their families are entitled to $40,000 each.
  • On May 28, 2019, Jeremy Meawasige was added as a Plaintiff to the proposed class action, with the intention of representing the class of Jordan’s Principle victims.
  • On March 4, 2019, Xavier Moushoom filed a Statement of Claim in Federal Court on behalf of all First Nations youth affected by the discriminatory conduct that was the subject of the Tribunal decision.
  • On February 21, 2019, the Tribunal issued a sixth non-compliance order against Canada for continuing its discriminatory practices.

2018

  • On February 1, 2018, the Tribunal issued a fifth non-compliance order against Canada for continuing its discriminatory practices.

2017

  • On May 26, 2017, the Tribunal issued a fourth non-compliance order against Canada for continuing its discriminatory practices.
  • On March 29, 2017, the Tribunal issued a third non-compliance order against Canada for continuing its discriminatory practices.

2016

  • On September 14, 2016, the Tribunal issued a second non-compliance order against Canada for continuing its discriminatory practices.
  • On April 26, 2016, the Tribunal issued a non-compliance order against Canada for continuing its discriminatory practices.
  • On February 22, 2016, the Minister of Justice announced that Canada would not be seeking a judicial review of the Tribunal’s decision.
  • On January 26, 2016, the Tribunal ruled in favour of the AFN and Caring Society, finding that Canada had discriminated against First Nations children and families.

2014

  • In October 2014, hearings before the Canadian Human Rights Tribunal ended.

2013

  • In February 2013, hearings before the Canadian Human Rights Tribunal (“Tribunal”) began.

2007

  • On February 27, 2007, the Assembly of First Nations of Canada (“AFN”) and the First Nations Child & Family Caring Society (“Caring Society”) filed a human rights complaint against the Government of Canada, through Indian and Northern Affairs Canada, alleging that it was discriminating against First Nations children on the basis of race and national and/or ethnic origin contrary to the Canadian Human Rights Act.