Canada launches third legal challenge over First Nations child-welfare tribunal composition

In a new Federal Court filing, Indigenous Services Canada, under Prime Minister Carney, is requesting that the Canadian Human Rights Tribunal’s August 18 ruling be set aside because the tribunal’s child-welfare panel lacks the quorum required to act. The agency argues the panel, originally three members, is now reduced to one after a 2015 death and a 2026 resignation, rendering it “inquorate.” Cindy Blackstock, a long-time co-complainant with the Assembly of First Nations, warned that the challenge resembles judicial interference and could further postpone hearings.

The underlying complaint, dating back to 2007, accuses the federal government of racially discriminatory under-funding that has led to mass removals of First Nations children. The tribunal upheld the claim in 2016, ordered compensation in 2019, and is currently considering long-term reforms after chiefs rejected a $47.8-billion, ten-year plan in 2024. The government describes the filing as a protective measure while it awaits the tribunal’s detailed reasons, and says it does not aim to delay the process. Parallel disputes continue, including an Ontario-specific $8.5-billion agreement and objections from the Taykwa Tagamou Nation.