Question Period Note: JUDICIAL REVIEW OF THE CHRT’S DECISION ON THE FINAL SETTLEMENT AGREEMENT ON COMPENSATION

• From the beginning our government has been steadfast in its commitment to ensure compensation to First Nations children and families who were harmed by the underfunding of the First Nations Child and Family Services Program and the narrow interpretation of Jordan’s Principle.
• We will continue to work with the parties to the final settlement on compensation to ensure that children and parents receive compensation under the existing Final Settlement Agreement, with the approval of the Federal Court.
• The application for judicial review is part of the legal process to address issues raised by the Tribunal in its most recent decision.
• We remain committed to continuing the progress made with all parties towards a final settlement agreement on the long-term reform of the First Nations Child and Family Services Program and Jordan’s Principle.
• This year, we have put in place immediate measures to help reduce the number of First Nations children in care, keep children connected to their families, communities and cultures and ensure that First Nations children have access to the services they need.

• On July 4, 2022, Canada and counsel representing the plaintiffs in the Assembly of First Nations-Moushoom and Trout class actions reached a final settlement agreement of $20 billion to compensate First Nations children on-reserve and in the Yukon who were removed from their homes between April 1, 1991 and March 31, 2022, and their parents and caregivers.

• This also included compensation for those impacted by the government's narrow definition of Jordan's Principle between December 12, 2007 and November 2, 2017, as well as for children who did not receive or were delayed in receiving an essential public service or product between April 1, 1991 and December 11, 2007.

• The Assembly of First Nations and Canada brought a motion to the Canadian Human Rights Tribunal asking for a ruling that the agreement met the Tribunal’s orders on compensation.

• On October 24, 2022, the Tribunal released a letter decision that stated the agreement does not fully satisfy its orders in relation to four groups:

• estates of deceased parents/grandparents;

• children who were in placements not funded by ISC;

• Jordan’s Principle class members who would receive less compensation than $40,000; and

• parents/grandparents with more than one child removed.

• On November 23, 2022, Canada applied to the Federal Court for a judicial review of the CHRT’s October 24 decision.

None