Press Release
I write with regard to next steps in implementing the Tribunal’s orders in 2025 CHRT 6 regarding interim relief related to Canada’s implementation of Jordan’s Principle. As the Tribunal directed in its summary of the July 25, 2025 Case Management Conference, the draft orders circulated on July 24, 2025, which were provided for information purposes only on behalf of the Caring Society, were disregarded, and the Tribunal would “revisit this matter following the conclusion of the Tribunal mediation sessions, at which point the parties’ views will be sought.”
As the Tribunal has noted in its recent rulings (2025 CHRT 80 at paras 87 and 93; 2026 CHRT 14 at para 150), the dialogic approach has not had its intended effect. Despite Tribunal-assisted mediation and subsequent efforts with a separate mediator, the parties have not been able to reach a consent-based resolution to the items on which further work was directed in 2025 CHRT 6. Tribunal-assisted mediation concluded in August of 2025 and further discussions ended in October of 2025. No discussions have taken place since that time.
The impacts of Canada’s broad non-compliance with 2025 CHRT 6 and other Jordan’s Principle orders on First Nations children are deeply concerning. In consideration of the level of resources the Tribunal dedicated to considering Canada’s motion related to the Ontario Final Agreement, the Caring Society opted to wait to seek further directions on 2025 CHRT 6 until the conclusions of oral arguments on the OFA.
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