Canada has filed an application for a judicial review to appeal part of a decision by the Canadian Human Rights Tribunal that approved a child welfare deal between the federal government and First Nations in Ontario.
The agreement is meant to end discrimination in First Nations child and family services by transferring jurisdiction and money to communities in the province.
The Tribunal approved the Ontario Final Agreement as the long-term fix in March.
However, the Tribunal also exempted two First Nations in Ontario from the deal at their request — Georgina Island First Nation and Taykwa Tagamou Nation — and ordered Canada to “consult on, establish and implement custom interim remedies for those communities pending longer term solutions,” according to the court document filed in Vancouver on April 29.
Canada is asking the Federal Court to quash those exemption orders because they are “unreasonable.”
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According to court documents filed by Canada’s attorney general, the decision to exclude the First Nations from a remedy that the Tribunal agreed satisfied its order requiring Canada to cease discrimination was unreasonable, legally inconsistent and outside the Tribunal’s authority.
The agreement was supposed to end the Tribunal’s authority over this case in Ontario but by allowing two First Nations to opt out, it still has the authority to order the government to work with them to end discrimination.
In a statement released on X, Indigenous Services Minister Mandy Gull-Masty said that while the legal process moves forward, she remains committed to engaging with both communities.
“I will be visiting Georgina Island First Nation next week. I have also reached out to Taykwa Tagamou Nation. These conversations are essential, and they will help guide the work ahead,” her statement said.
“At the same time, we are continuing our work to negotiate agreements with regional First Nations organizations across the country to support the long-term reform of the First Nations Child and Family Services Program.”
She added that the government’s approach is grounded in partnership, and that its goal is to ensure fewer First Nations children are put in care, that stays are shorter, and that children stay connected to their families and communities.
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