Carney Government Files Third Court Challenge in First Nations Child Welfare Battle
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Indigenous Services Canada is seeking to quash a human rights tribunal decision, adding to a series of legal maneuvers in a case spanning nearly 20 years.
The Carney government has filed its third court challenge in one year regarding a long-running dispute with First Nations organizations over child and family services, according to CBC News.
In a Federal Court application, Indigenous Services Canada is attempting to overturn an Aug. 18 decision by the Canadian Human Rights Tribunal that refused to reconfigure a court-like panel. The original three-member panel has been reduced to one person following a 2015 death and a 2026 resignation. Canada argues the panel is now "inquorate" and lacks the necessary quorum to exercise authority.
Spokesperson Carolane Gratton described the filing as a "protective" measure to preserve Canada's rights while awaiting full reasons for the decision. Gratton stated the application does not seek to delay proceedings.
However, co-complainant Cindy Blackstock questioned the move, suggesting it is a tactic to delay hearings and interfere with the tribunal. Blackstock noted that the litigation branch of Indigenous Services Canada consists of 40 people out of 254 total positions in the child and families sector. She characterized the Carney Liberal government as more aggressive in litigation and less focused on reform than previous administrations.
The legal battle stems from a 2007 complaint alleging that Canada racially discriminates against First Nations children through chronic underfunding of on-reserve child welfare. While the tribunal upheld the complaint in 2016 and ordered compensation in 2019, long-term reform remains unresolved after chiefs rejected a $47.8-billion proposal in 2024.
This latest filing follows two other challenges this year: a September 2025 challenge regarding procedural decisions and a spring application for judicial review concerning an $8.5-billion agreement with First Nations in Ontario. Ontario Regional Chief Abram Benedict called the spring application an "unfortunate setback" in a two-decade process.