Two Critical Indigenous Child Welfare Cases Head to Court
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Posted by Shelby Percival
- Posted in BlogsNews
Significant developments are underway in two critical legal cases regarding Indigenous child welfare, marking significant steps forward in the ongoing fight to challenge systemic discrimination and secure long-term structural reform.
There is an upcoming hearing before the Ontario Court of Appeal on September 28 and 29 regarding B.M. v. Ontario. This appeal of the lower court’s denial of a class action lawsuit represents a critical moment in the pursuit of state accountability and compensation for Indigenous child and family services off-reserve. The case addresses systemic failures and deep-seated inequities impacting off-reserve Indigenous children.
Later in October, a hearing will be underway at the Canadian Human Rights Tribunal regarding the landmark case widely known as the Caring Society Case. This hearing will address urgent interim issues directly related to the reform of the Jordan’s Principle program, pushing to eradicate discriminatory gaps in services for First Nations children.
Falconers LLP is deeply honoured to act for Nishnawbe Aski Nation in these vital proceedings, and is proud to advocate for its Northern and Remote First Nations communities. Virtual links will be available for the public to attend and view both hearings, and they will be shared as soon as they are made available.
Court Decision
- M. v. Ontario, 2026 ONCA 422 (NAN Granted Intervenor Status)
Media
- Brett Forester, CBC News (November 21, 2025) – “Tribunal orders Canada to address Jordan’s Principle backlog immediately”
- Sarah Law, CBC News (November 24, 2025) – “First Nation groups in northwestern Ontario say federal budget cuts threaten programs”
- Joy SpearChief-Morris, CBC News (March 30, 2026) – “Federal government promises to invest over $2 billion in new funding for essential Indigenous programs”
- Olivia Stefanovich, CBC News (February 26, 2026) – “Ottawa commits $1.55B to Jordan’s Principle”
