Indigenous Services Canada Reviewing Federal Court Decision on Human Rights

Legal Update
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OTTAWA – INDIGENOUS – The Federal Court ruling on September 29, 2021 dismissing Canada’s application to judicially review the Canadian Human Rights Tribunal (CHRT) orders is being reviewed by the Government of Canada.

The Federal Court ruled to dismiss the application by Canada. Indigenous Services Canada says, the decision is being reviewed, however ISC states: “Canada is reviewing the Federal Court’s decision and further information will be forthcoming.

“Canada remains committed to compensating First Nations children who were removed from their families and communities and to continue implementing significant reform of the First Nation Child and Family Services Program, recognizing that class actions have been filed, including by the Assembly of First Nations and Moushoom. Jordan’s Principle continues to ensure that First Nations children can access the products, services and supports they need when they need them.”

The Federal Court Ruled:

  • Compensation for harms to First Nations children who were in care of First Nations Child and Family Services agencies, as well as those who were impacted by the government’s interpretation of Jordan’s Principle; and,
  • The Tribunal’s definition of who is a First Nations child under Jordan’s Principle.

ISC says, “We continue to work with Indigenous governing bodies to implement An Act respecting First Nations, Inuit and Métis children, youth and families, under which First Nations are enabled to exercise their jurisdiction in relation to child and family services and make decisions in the best interest of their children.

“These are important steps in redressing the intergenerational impacts of colonization.”

There is a thirty day period for review where Canada could decide to appeal the decision to the higher court.

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