Comparative Funding Analysis: Loving Justice Plan and Canada’s Plan Information Sheet
Press Release
On August 20, 2025, the Canadian Human Rights Tribunal (Tribunal) issued 2025 CHRT 80, ordering Canada, the First Nations Child and Family Caring Society (Caring Society), and the Assembly of First Nations (AFN) to submit plans and remedies for long-term national reforms to First Nations Child and Family Services (FNCFS), with the goal of permanently ending discriminatory conduct. Canada, the Caring Society and AFN had to file their submissions with the Tribunal by December 22, 2025, either jointly or separately. The Caring Society and AFN were further ordered to collaborate with the National Children’s Chiefs Commission and ensure the voices of young people were included. As Canada refused to collaborate, two distinct plans were submitted to the Tribunal, the First Nations led Loving Justice Plan and Canada’s National Plan. This information sheet outlines the key differences between the two plans’ funding approaches.
⦁ Loving Justice is a First Nations led national-plan (outside of Ontario) that represents the gold standard for ending discrimination, preventing its recurrence and upholding the rights of First Nations children, youth and families. It outlines a funding approach that is durable, utilizes needs-based funding, with protections of statutory or special purpose allotment mechanisms, which aligns with the Tribunal findings that discretionary, short-term funding contributes to systemic discrimination.
⦁ Canada’s Plan is a Canada developed approach that presents a national framework based on the rejected Final Settlement Agreement with pre-set national envelopes and formula-based allocations, according to population and regional implementation. Canada cites a multi-year fiscal commitment totalling $35.5 billion through 2033-34 and $4.4 billion ongoing1, the plan does not include legislated, statutory appropriation.
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