7 [28] Further, the Tribunal agrees with the parties that the most relevant case law on the question of interested party status is the previous case law in these proceedings given that it’s the same case with the identical factual and evidentiary matrix: The Panel stresses the importance of considering the context and specific facts of the case in all proceedings before the Tribunal including inte. [...] Analysis ▪ The FNLC has expertise and knowledge that will be of assistance to the Tribunal and further the determination of the motions [35] In 2022 CHRT 26, at paragraph 37, this Tribunal discussed what constitutes a proper assistance to the Tribunal in determining the matter: analyzing the expression “further the Tribunal’s determination of the matter” the Tribunal considers the legal and factua. [...] The FNLC’s experience and expertise will be of benefit to the Tribunal in considering the issues of backlogs and urgent requests given that the FNLC submits that the BC-region has consistently experienced some of the highest levels of backlogged Jordan’s Principle requests. [...] 10 Furthermore, the Tribunal finds that the FNLC’s knowledge and expertise will add to the legal position of the parties by providing the important and specific perspective of First Nations in BC on the issues raised in the Motions. [...] The Tribunal finds that the FNLC will be of assistance to this Tribunal in determining the motions, will bring its unique perspective, will add to the legal positions of the parties and the motions’ proceedings will have an impact on the FNLC’s interests.
Authors
- Pages
- 14
- Published in
- Canada
Table of Contents
- Canadian Human 1
- Rights Tribunal 1
- Tribunal canadien des droits de la personne 1
- Citation Date File No. 1
- Between 1
- First Nations Child and Family Caring Society of Canada 1
- - and - 1
- Assembly of First Nations 1
- Complainants 1
- - and - 1
- Canadian Human Rights Commission 1
- Commission 1
- - and - 1
- Attorney General of Canada 1
- Representing the Minister of Indigenous and Northern Affairs Canada 1
- Respondent 1
- - and - 1
- Chiefs of Ontario 1
- - and - 1
- Nishnawbe Aski Nation 1
- - and - 1
- Amnesty International 1
- - and - 1
- First Nations Leadership Council 1
- Interested parties 1
- Ruling 1
- Members 1
- Table of Contents 2
- I. Context 3
- First Nations Child and Family Caring Society of 3
- Canada et al. v. Attorney General of Canada for the Minister of Indian and Northern Affairs 3
- Canada 3
- 1965 Agreement 3
- Canada Attorney General v. First Nations Child and Family Caring Society of Canada 3
- Merit Decision CHRA Charter Convention on the Rights of the Child UNDRIP 4
- II. Parties submissions 5
- Act respecting First Nations Inuit and Métis children youth and families SC 20 19 c. 24. 6
- UN Declaration on the Rights of Indigenous Peoples 6
- UNDRIP 6
- Reference re 6
- An Act respecting First Nations Inuit and Métis children youth and families 6
- UNDRIP 6
- III. Applicable Law 8
- CHRA 9
- Canadian Association of Elizabeth Fry Societies and Acoby v. Correctional Service of 9
- Canada 9
- CHRA 9
- See First Nations 9
- Child and Family Caring Society of Canada et al. v. Attorney General of Canada for the 9
- Minister of Indian and Northern Affairs Canada 9
- IV. Analysis 10
- The FNLC has expertise and knowledge that will be of assistance to the 10
- Tribunal and further the determination of the motions 10
- The FNLC will bring a unique perspective 11
- FNLCs involvement will add to the legal positions of the parties 11
- Act respecting 11
- First Nations Inuit and Métis children youth and families. 11
- Impact on FNLCs interests 12
- V. Conclusion 12
- VI. Order 12
- CHRA 12
- Signed by 13
- Canadian Human Rights Tribunal 14
- Parties of Record 14
- Tribunal File 14
- Style of Cause 14
- Ruling of the Tribunal Dated 14
- Motion dealt with in writing without appearance of parties 14
- Written representations by 14
