Canada – Canada withdraws judicial review of CHRT order on capital assets funding under First Nations child and family services and Jordan’s Principle

The Honourable Patty Hajdu, Minister of Indigenous Services; the Honourable Marc Miller, Minister of Crown-Indigenous Relations; and the Honourable David Lametti, Minister of Justice and Attorney General of Canada, issued the following statement today.

Ottawa, Ontario (January 26, 2022) – The Honourable Patty Hajdu, Minister of Indigenous Services; the Honourable Marc Miller, Minister of Crown-Indigenous Relations; and the Honourable David Lametti, Minister of Justice and Attorney General of Canada, issued the following statement today:

“We are pleased to announce that today, Canada withdrew its judicial review application before the Federal Court regarding the Canadian Human Rights Tribunal (CHRT) order on funding for capital assets, 2021 CHRT 41. Canada will move forward with funding for the purchase and construction of capital assets (e.g. buildings) to support the delivery of the First Nations Child and Family Services program and Jordan’s Principle services.  

Through our negotiations with the Parties to the CHRT complaint—the Assembly of First Nations, the First Nations Child and Family Caring Society, the Chiefs of Ontario, and the Nishnawbe Aski Nation—we have reached an agreement and a common understanding on the meaning of the orders. As a result of this agreement, the Tribunal modified the orders on January 18, 2022. We will continue our discussions on how best to implement these orders with the Parties.

Together, we will ensure that First Nations, First Nations child and family services agencies and Jordan’s Principle service providers are able to easily access the funds they require for capital projects to deliver quality services to First Nations children and families. As per the order, by February 2, 2022, First Nations child and family agencies, First Nations and Jordan’s Principle service providers will be advised in writing on how to access this capital assets funding. This information will be posted on Indigenous Services Canada’s website by February 17, 2022.  

These important steps forward came through our negotiations with the Parties on the recent Agreements-in-Principle that were reached for a global resolution on compensation and long-term reform. We will continue our dialogue with the Parties to the CHRT complaint, the Assembly of First Nations and counsel representing the plaintiffs in the Moushoom and Trout class actions on reaching final settlement agreements related to:

compensation for those harmed by discriminatory underfunding of First Nations child and family services and those denied or delayed services under Jordan’s Principle, and,
long-term reform of the First Nations Child and Family Services program to ensure that no child faces discrimination again. 

Each step we take brings us further along the path for long-term reform of the First Nations Child and Family Services program and a renewed approach to Jordan’s Principle. We are confident this will reduce the number of First Nations children in care, keep children connected to their families, communities and cultures, and ensure that First Nations children have access to the products, services and supports they need when and where they need them.”

Alison Murphy

Press Secretary

Office of the Honourable Patty Hajdu

Minister of Indigenous Services

Alison.Murphy@sac-isc.gc.ca

Chantalle Aubertin

Press Secretary

Office of the Minister of Justice and Attorney General of Canada

613-992-6568