Question Period Note: The Canadian Human Rights Tribunal Order

The Canadian Human Rights Tribunal has issued an order on consent that resolves a non-compliance motion and requires the implementation of an interim funding model for First Nations who are not served by delegated First Nations child and family services agencies

• We are pleased with the successful collaboration with the First Nations Child and Family Caring Society and the Assembly of First Nations to address the non-compliance motion.

• More funding will be made available to on-reserve First Nation children and families not served by First Nations child and family services agencies for the delivery of prevention services, to support children and families to stay together.

• This resolution is a step forward in meeting our commitments to First Nations communities, children and families, and we will continue to work in partnership with all parties to this end.

On August 7, 2020, the Caring Society filed a motion of non-compliance against Canada, alleging that it has failed to provide sufficient funding to First Nations that were receiving services from provincial/territorial agencies and/or service providers on reserve and/or in the Yukon. The motion requested orders that Canada develop an alternative funding system for provincial and territorial agencies and service providers which is consistent with the February 1, 2018 orders, and provide retroactive reimbursement.

Canada and the Parties worked together to develop an interim funding model for First Nations not served by a delegated First Nations child and family services agency. The parties then asked the Tribunal to issue an order that would require the implementation of this funding model and would resolve the non-compliance motion. The Tribunal issued the consent order on March 17, 2021.

The funding model provides First Nations not served by a delegated First Nations child and family services agency with additional funds under the Community Wellbeing and Jurisdiction Initiatives stream retroactive to 2016 and going forward at a registered on-reserve per capita amount of $947.

The order requires Canada to develop, in collaboration with the parties, a plan to implement the interim revised funding model for communities by April 16, 2021. The order also states that Canada will support a needs assessment exercise of each First Nation not served by a delegated First Nations child and family services agency to identify prevention and operation needs and identify gaps.

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