Carney Government Files Third Court Challenge in First Nations Child Welfare Case
The Carney government has filed its third court challenge in a year regarding the long-standing First Nations child welfare complaint, seeking to quash a Canadian Human Rights Tribunal decision. While Indigenous Services Canada describes the move as protective, critics argue it constitutes judicial interference that will delay proceedings.
The Carney government has filed its third court challenge in a year concerning the First Nations child welfare complaint. The application asks a Federal Court judge to quash the Canadian Human Rights Tribunal’s August 18 refusal to reconfigure its panel.
Indigenous Services Canada argues that the tribunal is "inquorate" and lacks the necessary quorum to exercise its authority. This claim stems from vacancies within the originally three-member panel, which is now down to one person following a panellist's death in 2015 and another's resignation in 2026.
Spokesperson Carolane Gratton stated that the judicial review does not seek to delay proceedings or concern specific tribunal members. She described the filing as a "protective" application intended to preserve rights while awaiting full reasons for the tribunal's decision.
Critics, including co-complainant Cindy Blackstock of the Assembly of First Nations, have condemned the move. Blackstock argued that the action constitutes potential judicial interference that could delay hearings. Ontario Regional Chief Abram Benedict also called the federal action an "unfortunate setback" in a two-decade process.
The underlying legal battle began with a 2007 complaint alleging that Canada racially discriminates against First Nations children by chronically underfunding on-reserve child welfare systems, resulting in mass removals of children. The human rights tribunal upheld the complaint in 2016 and ordered compensation in 2019.
Efforts to resolve the matter have faced significant hurdles. In 2024, chiefs rejected a 10-year, $47.8-billion proposal to settle the issue. More recently, Canada and First Nations in Ontario concluded an $8.5-billion deal to resolve the issue in that province. However, Canada applied for judicial review in the spring when the tribunal approved the Ontario agreement but exempted some communities.
In September 2025, Canada had already filed a court challenge against a procedural decision regarding long-term reform resolution. The chief of Taykwa Tagamou Nation accused the federal government of blocking his community's effort to reclaim jurisdiction.