Ask an Expert: Sarah Clarke on the Compensation for First Nations Children and Families – FNCFCS

Human rights compensation for First Nations children and families impacted by Canada’s discrimination


In 2007, the First Nations Child & Family Caring Society and the Assembly of First Nations (AFN) filed a complaint with the Canadian Human Rights Commission alleging that Canada was discriminating against First Nations children by underfunding child welfare services on reserve and in the Yukon, and in its flawed, inequitable implementation of Jordan’s Principle. After numerous attempts by the Canadian government to get the case dismissed, hearings at the Canadian Human Rights Tribunal (Tribunal) began in February 2013 and concluded in October 2014.

On January 26, 2016, the Tribunal ruled that the Canadian government is racially discriminating against 165,000 First Nations children in its provision of the First Nations Child and Family Services (FNCFS) program and flawed, narrow implementation of Jordan’s Principle 1.

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