The Canadian Human Rights Tribunal, in its latest decision on remedy in the First Nations Family and Child Caring Society case (CHRR Doc. 18-3021), rejects a series of arguments made by the Attorney General of Canada (“Canada”) that would have the effect of gutting the Tribunal's capacity to deal with discrimination or provide a remedy for it. It is impossible to read this decision without asking: why does Canada want to do this? why try, in litigation, to deconstruct the powers of the institution Canada established to protect the human rights of the most disadvantaged people?

Fortunately, the Canadian Human Rights Tribunal repudiates these arguments clearly, but also, understandably, with some palpable irritation. This case has been before the Tribunal since 2010, and...