This series of cases advances claims against the Government of Canada and the governments of some provinces.

First, it alleges that the provinces and territories discriminated against First Nations children and caregivers living off-reserve, as well as Métis and Inuit children and caregivers in the delivery of child and family services. This alleged unconstitutional and unlawful conduct has translated into the disproportionate overrepresentation of Indigenous children in the provincial/territorial child welfare system.

Canada, for its part, simply left these Indigenous children and caregivers to their fate at the hands of the provinces/territories. Despite its constitutional, legal and historic obligations with respect to Indigenous peoples, Canada adopted a policy of abandonment and avoidance in the face of repeated calls for appropriate child and family services for the affected Indigenous individuals.

Second, the provinces and Canada deprived Indigenous children who needed essential health, social and other services and products of substantively equal access to such services and products (these claims are also known as “Jordan’s Principle” in some contexts). These governments were repeatedly advised by parliamentary and other public institutions that Indigenous children needing essential services face service gaps, delays and denials on grounds such as jurisdictional disputes between governments. Instead of addressing these chronic failures, the provinces and Canada evaded responsibility, and each pointed to the other as the one with the obligation and jurisdiction to provide the essential services needed by Indigenous children.

This case advances the claims for essential services against Canada on behalf of all Métis and Inuit children and caregivers, and against some provinces on behalf of all First Nations, Métis and Inuit children and caregivers living in the affected province.

The Federal Court has certified the plaintiffs’ national action against Canada.

The courts in the provinces will decide at later dates if each case against each province and Canada will proceed as a class action.

You can receive Indigenous wellness help.

The Hope for Wellness Helpline offers free, anonymous counselling and crisis intervention 24 hours a day, 7 days a week by telephone at 1-855-242-3310 for any affected Indigenous person.

Children and youth can call Kids Help Phone anytime at 1-800-668-6868.