First Nations Leadership Council July 16, 2024 written submissions

FIRST NATIONS CHILD AND FAMILY CARING SOCIETY OF CANADA and ASSEMBLY OF FIRST NATIONS

Complainants

AND:

CANADIAN HUMAN RIGHTS COMMISSION

Commission

AND:
ATTORNEY GENERAL OF CANADA
(representing the Minister of Indigenous Services Canada)

Respondent

AND:

CHIEFS OF ONTARIO, AMNESTY INTERNATIONAL CANADA, NISHNAWBE ASKI NATION and the FIRST NATIONS LEADERSHIP COUNCIL

Interested Parties

WRITTEN SUBMISSION OF THE INTERESTED PARTY,
THE FIRST NATIONS LEADERSHIP COUNCIL

Crystal Reeves
Counsel for the Interested Party, First Nations Leadership Council:

Dawn Johnson
Counsel for the Interested Party, First Nations Leadership Council:

Mandell Pinder LLP Mandell Pinder LLP
Barristers and Solicitors Barristers and Solicitors
422 – 1080 Mainland Street 422 – 1080 Mainland Street
Vancouver, BC V6B 2T4 Vancouver, BC V6B 2T4
PH: 604-681-4146 PH: 604-681-4146
FX: 604-681-0959 FX: 604-681-0959
EM: crystal@mandellpinder.com EM: dawn@mandellpinder.com

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TABLE OF CONTENTS

PART I – OVERVIEW AND STATEMENT OF FACTS 1

PART II – SUBMISSIONS 2

A. Guiding Principles for Implementation: Upholding and Advancing First
Nations’ Rights 2
B. Administration of Jordan’s Principle Requests 6

(1) The BC Context 6
(2) Characterization of Urgent Requests 9
(3) Expanded Definition of Urgent Requests 10
(4) Backlogged Jordan’s Principle Requests 14

C. Payment Processing 16

(1) Reimbursement for Approved Jordan’s Principle Requests 16

D. Complaints Mechanism and Accountability 17
E. Administration of Jordan’s Principle by First Nations and First Nations
Organizations in British Columbia 19
F. The Preferred Pathway for Addressing the Implementation and Reform
of Jordan’s Principle 21

PART III – TABLE OF AUTHORITIES 25

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PART I – OVERVIEW AND STATEMENT OF FACTS

1. The First Nations Child and Family Caring Society (the “Caring Society”) filed a motion on December 12, 2023, seeking orders to address delays and non-response to urgent requests under Jordan’s Principle, orders to address the issue of backlog in the determination of Jordan’s Principle requests, as well as orders requiring the establishment of a complaints mechanism for addressing failures to adequately determine requests. The Caring Society is seeking a further order confirming that First Nations and First Nations organizations that are administering Jordan’s Principle have sufficient and sustainable resources to meet the needs of First Nations children and families, amongst other relief (the “Caring Society Motion”).

2. On March 15, 2024, the Attorney General of Canada (“Canada”) filed a cross motion seeking orders that the parties co-develop objective criteria to identify “urgent requests”, requesting an extension of timelines previously set by the Tribunal to respond to Jordan’s Principle requests, and an order allowing Canada to refer Jordan’s Principle requestors to First Nations or First Nations organizations who are administering Jordan’s Principle pursuant to a contribution agreement with Canada, amongst other relief (“Canada’s Motion”) (collectively, the “Motions”).

3. The First Nations Leadership Council (“FNLC”) is a political coalition formed in 2005 by a historic Leadership Accord in which its three member organizations signed a political commitment to work together on issues of common concern to represent and advance the interests of First Nations in BC. The FNLC is comprised of the executive members of the Union of BC Indian Chiefs (“UBCIC”), the First Nations Summit (“FNS”), and the BC Assembly of First Nations (“BCAFN”). Collectively, the member organizations of the FNLC represent the elected Chiefs of the 204 First Nations in BC.

4. On July 2, 2024, the Tribunal granted the FNLC interested party status in the Motions, and FNLC makes these submissions within the parameters of that order.

5. The FNLC’s written submissions set out the FNLC’s perspective and position in response to the arguments advanced and remedies sought by the Caring Society and

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