Caring Society’s February-March Update to the Tribunal
Press Release
I. Purpose of this Update
This Caring Society monthly update report for the period of January 20, 2026 to March 5, 2026 is provided to the Canadian Human Rights Tribunal (CHRT) pursuant to 2025 CHRT 80 to:
1. Update the Tribunal on public education efforts relating to The Loving Justice Plan: First Nations Child and Family Services (Outside Ontario) (“Loving Justice”);
1. Address issues of translation and accessibility in relation to Canada’s proposed national plan and Loving Justice;
1. Clarify the positions of First Nations and First Nations organizations whose materials were cited by Canada in the affidavit of Duncan Farthing-Nichol dated December 22, 2025;
1. Officially file the French language version of Loving Justice referred to in the Caring Society’s January 20, 2026 report and;
1. Situate these updates in light of the February 20, 2026 joint letter to the Honourable Mandy Gull-Masty, Minister of Indigenous Services.
1. Update the Tribunal on the status of the Expert Advisory Committee (EAC)
This report relies on the attached correspondence and public statements from First Nations organizations, filed here for the Tribunal’s information.
II. Public Education on Loving Justice
First Nations-led public education on long-term reform of First Nations Child and Family Services (FNCFS) has been ongoing, national in scope, and conducted in close partnership with the National Children’s Chiefs Commission (NCCC) and Assembly of First Nations (AFN). In the spirit of transparency and accuracy, the Caring Society has posted Canada’s Plan (only available in English) and Loving Justice (in both official languages) on its website.
A central component of this work has been a series of bilingual national webinars designed to ensure transparent, accessible, and consistent information-sharing with
First Nations leadership, child and family service directors, technical experts, and community representatives across regions.
These national webinars provided a forum to explain the legal and evidentiary foundations of The Loving Justice Plan: First Nations Child and Family Services (Outside Ontario) (“Loving Justice”), to situate the Plan within existing CHRT orders and jurisprudence, and to respond directly to questions from First Nations leaders. The webinars also featured comparisons between Loving Justice and Canada’s Plan on key architectural elements of the funding approaches such as accountability and enforcement, regional variations, and funding structures/arrangements. The webinar format was deliberately chosen to promote public accountability, accessibility, allow for real-time engagement, and to support informed, First Nations-led decision-making across regions rather than fragmented or siloed discussions.
Beyond the webinar series, public education and engagement occurred through briefings, written materials, and regional discussions led by the NCCC, all aimed at ensuring that Loving Justice reflects mandates provided by Chiefs-in-Assembly and regional leadership and is grounded in the best available evidence on what is required to eliminate discrimination in FNCFS.
In order to promote accountability to young people, copies of Loving Justice were provided in both official languages to the Assembly of Seven Generations whose recommendations were embedded into Loving Justice.
This work continues to be undertaken in strong and ongoing collaboration among the NCCC, the Assembly of First Nations (AFN), and the Caring Society, with the shared objective of achieving justice for First Nations children and families in a manner that is fully consistent with:
⦁ binding CHRT orders;
⦁ AFN resolutions directing First Nations-led, national reform with regional implementation; and
⦁ evidence-based standards necessary to permanently ensure substantive equality and long-term compliance.
⦁ Translation and Accessibility
Pursuant to the Caring Society’s January 20, 2026 report to the Tribunal, Loving Justice is available in French and English thanks to a collaborative effort between the National Children’s Chiefs Commission, AFN and the Caring Society. A French PDF copy is attached for the Tribunal’s records.
First Nations correspondents have raised serious concerns regarding the accessibility of Canada’s proposed national plan and related materials. In contrast to the collaborative and educational approach taken in the development of Loving Justice, First Nations organizations report that Canada advanced its national plan without timely, accessible, or transparent sharing of information with affected Nations.
The British Columbia Assembly of First Nations (BCAFN) specifically noted the absence of meaningful engagement or consultation with BC First Nations during the creation of Canada’s national plan and emphasized that BC Chiefs and Leaders were not provided an opportunity to review or understand Canada’s position prior to its filing with the Tribunal.
As of the date of this report, the Caring Society has been unable to find any reference to Loving Justice or any detailed information for First Nations and their experts on how to access funding or negotiations per the Canada Plan on Canada’s website (see: https://www.sac-isc.gc.ca/eng/1761307264330/1761307316267)
These concerns underscore that accessibility is not limited to linguistic translation, but also includes timely disclosure, clarity of purpose, and the ability of First Nations leadership to fully understand, assess, and respond to Canada’s positions before those positions are advanced in litigation.
IV. Clarification of First Nations Positions Cited in the Farthing-Nichol Affidavit
Canada relied on selected First Nations correspondence in the affidavit of Duncan Farthing -Nichol dated December 22, 2025. Subsequent letters from the originating First Nations organizations make clear that Canada’s reliance on those materials did not accurately reflect their positions.
A. British Columbia Assembly of First Nations (BCAFN)
In its January 19, 2026 letter to Minister Gull-Masty, the BCAFN clarified that:
⦁ Its earlier correspondence was intended to urge Canada to engage, not to endorse a regional agreement outside a national framework;
⦁ BCAFN does not support pursuing a regional agreement based on previously rejected settlement models;
⦁ BCAFN resolutions explicitly support the mandate of the NCCC and the submission of Loving Justice; and
⦁ Canada did not seek clarification or provide notice before including BCAFN’s letter in its Tribunal materials.
BCAFN reaffirmed its support for a national solution led through the NCCC, with appropriate regional consultation, and expressed disappointment that Canada continued to advance its plan without explicit BC First Nations consultation.
B. Mi’gmaq Chiefs in New Brunswick
In their January 23, 2026 letter to Minister Gull-Masty, the Chiefs of the nine Mi’gmaq communities in New Brunswick unequivocally stated that:
⦁ They do not support the December 18, 2025 letter sent by the Regional Chief suggesting interest in a regional agreement;
⦁ Canada previously refused to negotiate nationally or regionally (outside Ontario), and is now attempting a region-by-region approach that risks dividing First Nations;
⦁ They fully support the NCCC and the Caring Society, including Loving Justice as filed with the Tribunal; and
⦁ The Regional Chief is not authorized to speak on their behalf regarding FNCFS reform.
This correspondence directly contradicts any implication that the Mi’gmaq Chiefs support Canada’s unilateral regional approach.
C. Assembly of Manitoba Chiefs (AMC)
AMC’s December 22, 2025 public statement further clarifies that while it acknowledges Canada’s announcement, AMC will not engage in negotiations until the Tribunal determines whether Canada’s proposed approach complies with existing CHRT orders. AMC affirmed that Loving Justice provides the necessary national standards and warned against regional approaches that weaken accountability or delay justice.
V. Joint Letter from NCCC, AFN and Caring Society to Minister Gull-Masty
The February 20, 2026 joint letter to Minister Gull-Masty, responding to her December 21, 2025 letter (attached as Exhibit 63) reinforces the above clarifications. In that letter, the Assembly of First Nations, the NCCC, and the Caring Society jointly emphasized that:
⦁ Canada’s litigation positions before the CHRT do not align with its public commitments to First Nations-led, collaborative reform;
⦁ Canada opposed NCCC participation and asserted it had no mandate to engage collaboratively, despite public statements to the contrary; and
⦁ Durable reform requires clear mandates, good-faith engagement, written commitments, and adoption of Loving Justice as the foundation for long-term reform.
The joint letter situates the clarified regional positions within a broader national context:
First Nations leadership across regions consistently support a First Nations-led national
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