OTTAWA – INDIGENOUS – The federal government has filed another appeal in the federal court against the First Nations Family and Children Caring Society, and the Assembly of First Nations over the Canadian Human Rights Tribunal order on Jordan’s Principle that would provide for proper buildings and prevention services for First Nations.
Based on the present interim decision, the Applicant (Canada) makes application for:
- An order setting aside the Tribunal’s decision only insofar as it requires the Applicant to:a) fund the purchase and construction of capital assets at actual costs in a manner that is broad and vague and beyond the jurisdiction of the Tribunal to order;b) fund capital needs and feasibility studies in a manner that is broad and vague and beyond the jurisdiction of the Tribunal to order;c) fund actual costs for Band Representatives and prevention services on-reserve in a manner that is broad and vague and beyond the jurisdiction of the Tribunal to order;
and dismissing those aspects of the underlying motion for such relief.
- In the alternative, an order setting aside the Tribunal’s decision, as above, and referring the matter back to the Tribunal for determination in accordance with the directions of this Court;
- Such further and other relief as this Honourable Court may deem appropriate and just in the circumstances.
The grounds for the application are that the Tribunal erred in:
- Making a decision that is overly broad and vague in its application;
- Ordering Canada to make such funding decisions in a manner that is beyond the jurisdiction of the Tribunal and that the Tribunal erroneously relied on factual material, erroneously interpreted provisions of the Canadian Human Rights Act and the Financial Administration Act, or were otherwise unreasonable, and thus there are permissible grounds for review under s. 18.1 of the Federal Courts Act; and
- Such further and other grounds as counsel may advise and this Honourable Court permit.
This application will be supported by the following material:
- The Certified Tribunal Record.
- Such further and other materials as counsel may advise and this Honourable Court should permit.
This is the third application by the federal government against this ruling.
The federal government has been fighting a long losing battle against this issue brought by Cindy Blackstock.
Fresh off of the reconciliation election pledges & just days before Orange Shirt day, the fed. gov’t files an appeal to overturn a CHRT order ensuring First Nations have proper buildings for prevention services to keep families together & help 4 kids under Jordan’s Principle. pic.twitter.com/hQfq7pbCTU
— Cindy Blackstock (@cblackst) September 24, 2021
The decision to appeal by the Attorney General of Canada comes just days after the votes were counted in Election 2021. It also comes as Cindy Blackstock notes just days before Orange Shirt Day on September 30, which this year is set as the first federal statutory holiday to remember victims of Canada’s Residential Schools era.
The first ruling in this matter required Canada to pay $40,000 an amount that is the maximum amount under federal human rights law, to children unnecessarily taken from their homes or denied access to essential services.
Prime Minister Trudeau has stated that his goal is for Canada to provide compensation to the children impacted in this mater, but rather via a negotiated class-action settlement.