Fair point. However, you have to keep in mind how many non-compliance orders were issued after that decision by the Canadian Human Rights Tribunal—seven, I think—and they're still in court debating whether this is going to apply to all kids, especially under Jordan's principle.
Right now, the legal issue is the federal government not providing Jordan's principle funding to non-status Indian kids who should in fact be status but for the ongoing discrimination in Bill S-3.
You have multiple acts that are working together to disadvantage, so that would be hard.