Lauren Perez  |  October 5, 2021

Category: Civil rights

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first nations attorney general of Canada
(Photo Credit: EB Adventure Photography/Shutterstock)

Canada First Nations Funding Appeal Lawsuit Overview

  • Why: The Canadian federal government argues the Canadian Human Rights Tribunal exceeds its jurisdiction in its latest ruling requiring the government to provide funding to the First Nations.
  • Who: The Attorney General of Canada filed an appeal against the First Nations Family and Children Caring Society and the Assembly of First Nations.
  • Where: The appeal was made in federal court.

The Attorney General of Canada filed a third appeal against the First Nations Family and Children Caring Society and the Assembly of First Nations, after the Canadian Human Rights Tribunal ruled the federal government must provide funding to the First Nations for proper buildings and prevention resources. 

The Tribunal’s ruling pulls from Jordan’s Principle, a legal rule that makes sure all First Nations children living in Canada have access to the services and support they need, reports Net News Ledger

The government’s appeal argues that the Tribunal made a “decision that is overly broad and vague in its application,” exceeded its jurisdiction, “erroneously relied on factual material,” and “erroneously interpreted” the Canadian Human Rights Act and the Financial Administration Act. 

The appeal requests parts of the Tribunal’s decision to be set aside and sending it back to the Tribunal for further determination. 

First Nations in Canada Continue To Fight for Services

The Canadian government previously filed an appeal fighting two Canadian Human Rights Tribunal rulings that ordered Ottawa to compensate victims and extend eligibility for Jordan’s Principle, which guarantees kids essential social services. 

The case goes back to 2007, when Blackstock and the Assembly of First Nations (AFN) first lodged a human rights complaint alleging Canada’s discrimination against First Nations children on reserves and in the Yukon, by knowingly underfunding the child welfare system.

What do you think of the federal government’s fight against providing funding to the First Nations? Sound off in the comments below!


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