The Carney administration has initiated its third legal challenge within a year against First Nations groups regarding child and family services, potentially extending the ongoing legal dispute. Indigenous Services Canada recently filed an application in the Federal Court seeking to overturn the Canadian Human Rights Tribunal’s decision not to reconfigure a panel that has been handling the complex complaint since 2007.
Cindy Blackstock, a co-complainant for nearly two decades with the Assembly of First Nations, raised concerns about the government’s actions. She questioned the necessity of the judicial review, noting that the minister claims to be complying with tribunal orders, suggesting that the move could be seen as judicial interference causing further delays in the proceedings.
Indigenous Services Canada described the filing as a “protective” measure to safeguard Canada’s rights while awaiting the full explanation for the tribunal’s decision. The original complaint alleged racial discrimination by Canada against First Nations children through chronic underfunding of on-reserve child welfare systems, resulting in the removal of children from their families and various harms.
The tribunal upheld the complaint in 2016, ordered compensation for victims in 2019, and is currently considering long-term reforms for the discriminatory system after chiefs rejected a proposed resolution in 2024. Canada argues that the tribunal lacks the required quorum to exercise its authority and needs new members for proper consideration.
Opponents of Canada’s request argue that it would unjustifiably delay the proceedings, citing previous rulings against successive governments and strong support from the Federal Court in 2021. The Carney government’s approach to litigation is perceived as more aggressive compared to previous administrations, focusing less on departmental reform, according to Blackstock.
Blackstock highlighted the significant number of staff within Indigenous Services Canada’s child and families sector dedicated to litigation, raising questions about the government’s priorities. In a separate legal challenge in September 2025, Canada contested a procedural decision by the tribunal on the long-term reform issue. Despite ongoing uncertainties regarding national reforms, an $8.5-billion agreement was reached between Canada and First Nations in Ontario to address the matter in the province.
Canada also sought judicial review earlier this year when the tribunal approved the Ontario agreement but excluded certain communities. Chief Abram Benedict of Ontario expressed disappointment with the decision, while the chief of Taykwa Tagamou Nation accused the federal government of impeding their community’s efforts to regain jurisdiction by imposing reforms that were rejected by the community.
The developments in the legal battle over First Nations child and family services continue to spark debate and concerns about the government’s approach and the future of Indigenous communities.
