Tribunal says urgent ruling will protect funding while affirming that Canada’s duty to end discrimination remains in force
By NetNewsLedger Staff
TORONTO – National – The Canadian Human Rights Tribunal has approved the Ontario Final Agreement in the long-running First Nations child welfare case, clearing the way for Ontario First Nations to avoid losing a full year of funding while the Tribunal prepares its full written reasons.
In a letter-decision issued March 30, 2026, the Tribunal said it acted on an urgent basis because the harm to First Nations children, families, and communities from delay would outweigh concerns about releasing a shorter ruling ahead of a more detailed decision. The full reasons are expected to follow in the coming months.
The case, First Nations Child and Family Caring Society et al. v. Attorney General of Canada, has become one of the most important human rights proceedings in Canada, focusing on systemic discrimination in the funding and delivery of child and family services for First Nations children.
In its latest ruling, the Tribunal said the Ontario Final Agreement represents the first completed regional agreement on long-term reform and reflects the right of First Nations in Ontario to make decisions about the care of their own children. The decision places strong emphasis on self-determination, substantive equality, and the need to keep First Nations children with their families, communities, and Nations wherever possible.
The Tribunal also made clear that approving the agreement does not end Canada’s legal obligations. The original order requiring Canada to cease discriminatory practices remains in force during the life of the agreement and after it expires. The ruling states that Canada’s duty to ensure discrimination is eliminated and does not recur continues beyond the term of the Ontario Final Agreement.
While the Tribunal approved the agreement, it said that approval is tied to its interpretation of the agreement and to safeguards meant to ensure systemic racial discrimination is permanently ended in Ontario. The ruling says the agreement satisfies and supersedes earlier interim remedial orders in Ontario related to the First Nations Child and Family Services Program and the 1965 Agreement.
At the same time, the Tribunal retained jurisdiction over Jordan’s Principle in Ontario, while ending its jurisdiction over the other Ontario elements of the complaint.
Two First Nations were exempted from the agreement. The Tribunal ruled that the Ontario Final Agreement will not apply to Georgina Island First Nation or Taykwa Tagamou First Nation, saying each community faces distinct circumstances that require separate interim solutions. Canada has been ordered to consult with both Nations within 90 days of the agreement taking effect to establish measures that are no less generous than previous Tribunal interim orders.
In the case of Georgina Island First Nation, the Tribunal pointed to serious accessibility barriers and concerns about year-round transportation and safety. For Taykwa Tagamou First Nation, the Tribunal recognized that the Nation has already enacted its own child wellbeing law and has been waiting for a coordination agreement with Canada and Ontario.
Throughout the ruling, the Tribunal framed the agreement as part of a broader path toward reconciliation. It acknowledged concerns raised by the First Nations Child and Family Caring Society about accountability and interpretation, but concluded that further negotiations would cause harmful delay and that the parties who negotiated the agreement had provided satisfactory explanations.
The Tribunal said the central issue remains unchanged: ending the unnecessary removal of First Nations children from their homes and communities. In approving the agreement, it said the long-term goal is to protect First Nations children in Ontario for generations to come while ensuring Canada remains accountable under the Canadian Human Rights Act and the Tribunal’s binding orders.
