First Nations Child and Family Caring Society of Canada v. Attorney General of Canada

No. T1340/7008, 2016 Canadian Human Rights Tribunal 2 (2016)

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First Nations Child and Family Caring Society of Canada v. Attorney General of Canada

Canadian Human Rights Tribunal
No. T1340/7008, 2016 Canadian Human Rights Tribunal 2 (2016)

Facts

The residential-schools era was a period in Canada’s history during which First Nations children were removed from their homes and placed in residential schools to be assimilated into non-First Nations culture. Children suffered physical, emotional, and mental abuse in the schools. Many children died as a result of the abuse or from exposure to the elements when they ran away from the schools. Other children committed suicide. The abuse took a tremendous toll on First Nations communities, and the trauma endured through the generations. Generational trauma had a quantifiable effect on the mental and physical health of First Nations people. Years after the residential-schools era ended, the First Nations Child and Family Caring Society of Canada (the society) (plaintiff) and the Assembly of First Nations (AFN) (plaintiff) sued the attorney general of Canada (defendant) as the representative of the Aboriginal Affairs and Northern Development Canada (AANDC) (defendant) under the Canadian Human Rights Act (the act), alleging that the AANDC discriminated against First Nations peoples on the basis of their race or national or ethnic origin. Specifically, the society and ANF claimed that the AANDC underfunded the child-and-family-services program (the program) it provided to First Nations people.

Rule of Law

Issue

Holding and Reasoning (Marchildon, Lustig, J.J.)

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