The Carney administration has initiated its third legal challenge within a year against First Nations groups regarding the child and family services in their communities. This move by Indigenous Services Canada seeks to nullify the Canadian Human Rights Tribunal’s recent decision to not restructure a panel handling a longstanding complaint dating back to 2007.
Cindy Blackstock, a co-complainant along with the Assembly of First Nations for almost two decades, has raised concerns about the government’s actions. She questions why the minister is seeking judicial review if they claim to be following the tribunal’s orders, suggesting that this move could lead to further delays in the proceedings.
Indigenous Services Canada has described the filing as a precautionary measure to protect Canada’s interests while awaiting the full rationale behind the tribunal’s decision. The original complaint alleged systemic discrimination by Canada against First Nations children, resulting in inadequate funding for on-reserve child welfare and subsequent harm to families and violations of human dignity.
The Canadian Human Rights Tribunal upheld the complaint in 2016 and ordered compensation for victims in 2019. The tribunal is now deliberating on long-term reforms for the discriminatory system after the rejection of a proposed $47.8 billion resolution by chiefs in 2024. The panel, initially consisting of three members, is now reduced to one member due to resignations and a death.
Canada’s application argues that the tribunal lacks the necessary quorum to fulfill its responsibilities and requires new members for proper functioning. Critics of the government’s move believe it could unjustly prolong the proceedings, as the tribunal has previously ruled against different administrations and received backing from the Federal Court in 2021.
Compared to previous governments, the current Carney administration is viewed as more litigious and less focused on reform to prevent discrimination in the future, according to Blackstock. She highlighted the significant number of staff within Indigenous Services Canada’s litigation unit, indicating a strong legal focus within the department.
In another development, Canada challenged a tribunal decision in September 2025 regarding the process for resolving the long-term reform issue. The national status of reforms remains uncertain, although an $8.5 billion agreement was reached between Canada and First Nations in Ontario to address the matter in that province.
Additionally, Canada sought judicial review earlier this year when the tribunal approved the Ontario agreement but excluded certain communities. This move was criticized by Ontario Regional Chief Abram Benedict as a setback in a lengthy process. Meanwhile, the chief of Taykwa Tagamou Nation accused the federal government of obstructing their jurisdictional efforts by imposing reforms that the community opposes.