The Tribunal’s May 23, 2025 Ruling on Schedule Variation
Press Release
1) On April 8, 2025, the Tribunal directed filing deadlines in relation to the Chiefs of Ontario (COO) and Nishnawbe Aski Nation (NAN)’s Joint Motion (Joint Motion), (seeking an order to approve a Settlement Agreement with Canada that would address the long-term reform of the delivery of child and family services for Ontario, have all the Tribunal orders concerning Ontario replaced by the terms of the Settlement Agreement and of relevance to this ruling, settle the part of the complaint that deals with Ontario) to : May 30, 2025, for those taking no position or supporting the Joint Motion; and June 16, 2025, for those seeking to oppose the Joint Motion, including the requirement that those opposing the Joint Motion file their affidavits by June 16, 2025.
1) The Tribunal granted leave to the COO and the NAN to file an Amended Joint Motion and the Amended Joint Notice of Motion was filed with the Tribunal on May 7, 2025, included the following paragraph:
⦁ If the COO’s and the NAN’s status as interested parties restricts them from filing this motion to partially settle the Complaint as it relates to Ontario as described in paragraph 2, the COO and the NAN request that the Tribunal make an order granting the COO and the NAN additional participation rights for the purposes of bringing this motion or whatever relief the Tribunal deems just pursuant to its responsibility under s.48.9(1) of the Canadian Human Rights Act to ensure proceedings are conducted as informally and expeditiously as the requirements of natural justice and the rules of procedure allow.
⦁ On May 14, 2025, after reception of this Amended Joint Notice of Motion, the Tribunal wrote to the parties indicating that the issue raised in the COO and the NAN’s Amended
Joint Notice of Motion dated May 7, 2025, at paragraph 5 above, is central and the Tribunal wishes to address it as expeditiously as possible before ruling on all the interested party status requests to participate in this Joint Motion.
⦁ The Tribunal directed the parties to provide detailed submissions in writing in accordance with the schedule below:
The COO and the NAN’s joint detailed submissions by May 21, 2025.
Canada’s detailed submissions by May 28, 2025 (Canada consents to the Amended Joint Motion).
The First Nations Child and Family Caring Society of Canada (Caring Society) and the Assembly of First Nations (AFN)’s detailed joint or separate submissions by June 4, 2025 (the co-complainants in this case).
The Commission’s submissions by June 11, 2025 (the Tribunal invites the Commission to provide a position given its mandate and expertise on the CHRA’s regime and the public interest of such a central question. The
Commission has indicated that it prefers responding after the Indigenous parties).
The COO and the NAN’s joint reply by June 18, 2025.
5) On May 14, 2025, the Caring Society wrote to the Tribunal asking for a change of the Joint Motion schedule set on April 8, 2025. The same day, the COO wrote to the Tribunal requesting the opportunity to reply to the Caring Society’s submission by end of day on
May 16, 2025, given the filing deadlines with respect to the Joint Motion which they are attending to, and will need time to seek instruction from their client and to confer with the NAN.
5) On May 15, 2025, the Tribunal invited the COO and any other party who wished to file a response to the Caring Society’s May 14, 2025, submission to vary the Joint Motion schedule to do so by end of day May 16, 2025. The Caring Society was allowed to file a reply, if any, by May 21, 2025.
5) On May 23, 2025, the Tribunal found that it had discretion to determine the process to be followed to deal with the issues before it. The Tribunal stated that it did not want to unduly delay the matters; however, for several reasons that would be further explained at a later date, the Tribunal found it appropriate to answer the important question found at paragraph 5 of the Amended Joint Notice of Motion, on a preliminary basis before pursuing with the partial Joint Motion schedule.
5) This ruling provides the detailed reasons following the Tribunal’s May 23, 2025, direction.
II. Parties’ submissions on the current Joint Motion schedule set on April 8, 2025
9) In sum, the Caring Society submits that when the Tribunal set the partial Joint Motion schedule, the April 15, 2025, deadline for Interested Party Motions had not passed (and therefore the number of requests was unknown) and the issue now raised in the Amended Joint Notice of Motion was unknown.
9) These developments now place all responding parties to the Joint Motion on uncertain ground, as it remains to be seen whether and to what extent there will be interested parties participating, whether those interested parties will be granted leave to file evidence, and what specific relief will be sought in the Joint Motion. The May 30, 2025, and the June 16, 2025, deadlines will be challenging to meet and raise particular procedural concerns for all responding parties, as requiring parties to take a position before fully understanding the relief sought is prejudicial and may cause further procedural hurdles as the Joint Motion moves forward.
9) To this end, the Caring Society requests that the Panel amend the existing deadlines set out in the April 8, 2025 direction, and direct that the deadlines for those parties taking no position or supporting the Joint Motion, and those parties seeking to oppose the Joint Motion be set for some time after the Panel has ruled on the issue raised in the Amended Joint Notice of Motion.
9) The COO and the NAN say the Caring Society seeks to extend its own timelines to reply to the Joint Notice of Motion on the Ontario Final Agreement (OFA) approval, in particular its deadline for stating its position on the Joint Motion (being May 30, 2025 or June 16, 2025, depending on whether the Caring Society takes no position on, approves of, or opposes the OFA) until after the Interested Party Motions have been determined and in particular until after the evidence of Chippewas of Georgina Island and Taykwa Tagamou Nation has been filed (if they are granted interested party status). This would result in a delay for the Caring Society to be able to file its position and evidence last, even after any interested parties, resulting in what would be a substantial delay to the hearing of the OFA Motion. That result would cause prejudice to the COO and the NAN and is not in the best interests of children.
ILR4
