CANADIAN HUMAN RIGHTS TRIBUNAL B E T W E E N: FIRST NATIONS CHILD AND FAMILY CARING SOCIETY OF CANADA and

Cindy Blackstock

From January 2023 to March 2023, the Caring Society, Canada, and the class action plaintiffs negotiated an increase of $3.34 billion in compensation and modified the terms of the 2022 FSA to ensure the implementation of the Tribunal’s orders. [...] The definition of the “Jordan’s Principle class” has now been amended to specifically state that “[t]he Parties intend that the way that the highest level of impact is defined, and the associated threshold set for membership in the Jordan’s Principle Class, fully overlap with the First Nations children entitled to compensation under the Compensation Orders.” The presumption that the delay is unrea. [...] The parties to the Revised Agreement have also agreed that the Caring Society will be entitled to notice of proceedings before the Federal Court related to issues impacting the rights of the beneficiaries of the Tribunal’s compensation order, and will have standing to make submissions on any applications pertaining to the administration and implementation of the Revised Agreement as it relates to. [...] However, the Caring Society’s view is that mortality within this cohort can be considered by the Federal Court, on submissions from all parties including the Caring Society, as one of the factors in determining the reasonableness of the claims process proposed to distribute the $2,000,000,000 budget established for compensation to the parents of victims falling within the Jordan’s Principle and Tr. [...] The Minutes of Settlement signed between Canada, the AFN and the Caring Society related to Tribunal approval of the Revised Agreement also provide for $5,000,000 in capacity funding to the Caring Society to participate in these proceedings over the anticipated 18-year term of the claims process.