In February 2007, the First Nations Child and Family Caring Society of Canada (Caring Society) and the Assembly of First Nations (AFN) filed a Canadian Human Rights Act complaint against the federal government. The complaint said the Canadian government was discriminating against First Nations children and families because Child and Family Services were not meeting the needs of First Nations children on-reserve or in the Yukon.
On September 19, 2019 the Canadian Human Rights Tribunal ordered the Government of Canada to provide compensation to the victims of its discrimination in the delivery of child and family services to First Nations children and the failure to abide by Jordan’s Principle. The Canadian Human Rights Tribunal ordered Canada, the AFN and Caring Society to co-develop a compensation scheme for the processing of payments.
The Compensation Entitlement Order, 2019 CHRT 39, outlines the terms of compensation at paragraphs 245-257.