Ottawa asks court to overturn tribunal order on First Nations child welfare

OTTAWA – Ottawa is asking the Federal Court to overturn a Canadian Human Rights Tribunal order directing it to work with First Nations to reform the child welfare system, and for a new panel to be struck to decide on next steps in a nearly two-decade-long legal battle.

In its application, the federal government called the tribunal’s actions “unreasonable,” accused it of failing to consider evidence and submissions and said it “breached natural justice and the duty of fairness.”

The tribunal order, released in August, came nine years after the tribunal concluded that the federal government had discriminated against First Nations children by underfunding the on-reserve child welfare system, following a joint 2007 human rights complaint filed by the Assembly of First Nations and the Caring Society.

Progress on a child welfare agreement stalled when First Nations twice rejected a $47.8 billion deal last year, and when Ottawa called a halt to formal talks on the issue with First Nations outside of Ontario.

Ottawa told the tribunal in May that the requests being put to it by First Nations and the Assembly of First Nations were “unreasonable.” First Nations child welfare advocates have said the government is stalling the case.

The tribunal said in August that Ottawa cannot “simply wait and let time go by” instead of renegotiating a deal with First Nations.

It said that if Ottawa refuses to resume negotiations, the Assembly of First Nations, the Caring Society and the newly formed National Children’s Chiefs’ Commission could present the tribunal with an evidence-based reform plan of their own.

Caring Society executive director Cindy Blackstock told The Canadian Press at the time she welcomed the order and that if Ottawa didn’t return to the table, “they’re going to see serious ramifications, both financially, legally and morally.”

“(Ottawa) can bring themselves back into alignment with the tribunal’s orders and save Canadians’ money and do the right thing for kids. All they have to do is make that decision,” she said.

In a statement posted to social media, Indigenous Services Minister Mandy Gull-Masty said Ottawa intends to reform the system in partnership with First Nations, and that the filing before the Federal Court will ensure reform is “flexible, sustainable, and inclusive of all partners.”

“Over the summer, I have engaged with rights-holders on this issue and heard directly from them about the importance to move forward with an approach that is both inclusive and flexible,” Gull-Masty said, citing federal investments in the First Nations child welfare system since the 2016 ruling.

First Nations chiefs, who voted twice for the creation of a new commission to negotiate on their behalf at the Tribunal, allotted $1 million at the Assembly of First Nations’ most recent annual general meeting for it to keep its work going.

Blackstock has said the commission is ready and consulting with First Nations across the country, despite Ottawa’s unwillingness to proceed in a First Nations-driven manner.

This report by The Canadian Press was first published Sept. 22, 2025.