- Parties: The appellant was the Attorney General of Canada. The respondents were Gilbert Dominique (on behalf of the members of the Pekuakamiulnuatsh First Nation) and Canadian Human Rights Commission.

- Subject Matter: In 2016, acting on behalf of the Pekuakamiulnuatsh First Nation, its Chief Gilbert Dominique filed a discrimination complaint with the Canadian Human Rights Commission against Public Safety Canada. The Canadian Human Rights Tribunal upheld the complaint. The Federal Court dismissed Canada’s judicial review application. Canada appealed and alleged that the Tribunal’s discrimination finding was unreasonable. The First Nations Child and Family Caring Society of Canada, a national non-profit organization committed to promoting the well-being of First Nations children, moved to intervene in the appeal. The society argued that the outcome of this appeal would directly affect it, that its position differed from those of the parties, and that allowing the intervention would serve the interests of justice.

- Ruling: The appeal court ruled against the proposed intervenor and dismissed the motion to intervene without costs. The appeal court held that the society’s submissions on Canada’s suggested approach did not meet the usefulness threshold and that the society lacked the required interest for the appeal court to grant it leave to intervene in this appeal.

- Date: The court released its decision on Sept. 26, 2023. A hearing was set on Feb. 20, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.