"[4][5][6][7][8] In their human rights complaint the First Nations Child and Family Caring Society of Canada and the Assembly of First Nations cited reports documenting the inequality and the impacts on children including reports issued by the Auditor General of Canada[9][10] and Standing Committee of Public Accounts[11][12] to support their discrimination claims.
Chair Chotalia released her ruling[13] in March 2011 dismissing the child welfare case suggesting that the CHRA required a mirror comparator group and child welfare services funded by the federal government for First Nations could not be compared to services provided to all others by the provinces and territories.
The Federal Court ruling cleared the way for a differently constituted panel at the Canadian Human Rights Tribunal to conduct a full hearing on the discrimination matter.
On April 18, 2012, the Federal Court ruled[16] that further scrutiny is needed to determine whether Ottawa is discriminating against First Nations children on reserves by underfunding child welfare services, and ordered the Tribunal to hold a new hearing on the case.
On February 1, 2018 (2018 CHRT 4), the Tribunal issued a further non-compliance order on child and family service funding requiring the federal government to fund prevention, intake and assessment, legal, building repairs, mental health (Ontario), and band representatives (Ontario) at their actual cost.
In February 2019, the Tribunal issued an interim order (2019 CHRT 7)requiring Canada to apply Jordan's Principle to First Nations children in urgent circumstances who do not have Indian Status.
The Tribunal has taken under reserve a final determination of the definition of First Nations child for Jordan's Principle and compensation for victims of Canada's discriminatory conduct.