A federal human rights complaint involving First Nations children with Down Syndrome has been left unresolved for 13 years due to delays at the Canadian Human Rights Tribunal, according to newly released records.Blacklock's Reporter says filed in 2012 by the Mississaugas of the Credit First Nation, the complaint alleged that the federal government breached the Canadian Human Rights Act by failing to provide educational support for children with special needs. The issue originally surfaced in 2008.The tribunal admitted it failed to act on the case for over a decade, citing a growing backlog and lack of available adjudicators. .“At that time there were no other available Tribunal members who could take on this proceeding,” wrote tribunal chair Jennifer Khurana.“The tribunal was facing an unprecedented workload challenge and the backlog for case management and hearings was growing.”The file was assigned to a single case management officer and remained inactive for years. When the tribunal proposed reassigning the case, the First Nation pushed back, warning that any further delay would cause more harm.“Care for special needs schoolchildren is an ongoing, day to day issue,” lawyers told the tribunal, arguing that further postponement would carry heavier consequences than in typical discrimination cases..The First Nation requested that the case be scheduled for a hearing this September. “A change would cause delay and prejudice all parties,” their lawyers said.Khurana acknowledged that by the end of 2023, parties were waiting an average of 200 days just to have their cases assigned to an adjudicator.The tribunal has previously faced criticism for its long delays. A Federal Court judge in 2016 described the system as failing Canadians, citing pay equity cases that took decades to resolve. One claim from the Public Service Alliance of Canada took 29 years and a Supreme Court decision, while another involving the Canadian Postmasters and Assistants Association dragged on for 27 years.“The system has failed,” wrote Justice Patrick Gleeson. Such delays, he said, undermined justice for both individuals and the public.
