Federal Court Hears Submissions in Stay of Proceedings Issue in Caring Society case

On January 26, 2016, the Canadian Human Rights Tribunal (“CHRT”) issued a landmark decision, First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada. The 2016 decision found that Aboriginal Affairs and Northern Development is racially discriminating against 163,000 First Nations children by providing insufficient funding for child and family services on reserves.

Today and tomorrow, the Federal Court is hearing submissions regarding the Application of the Federal Government for Judicial Review of the compensation order set out by the CHRT. The Federal Government is seeking a stay of the CHRT proceedings pending Judicial Review. Whereas the Caring Society seeks to hold the Judicial Review proceedings in abeyance until the conclusion of the CHRT proceedings.

Falconers LLP is in attendance on behalf of Nishnawbe Aski Nation (“NAN”). NAN was granted interested party status in 2016 because the Tribunal determined it would benefit from hearing from NAN on remedies, given NAN’s direct affiliation with remote and northern First Nations.

The proceedings are being webcast by the Federal Court, and are accessible at:


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