OTTAWA - Documents show the federal government has been billed more than $3 million for fruitless efforts to keep a high-stakes battle over First Nations child welfare out of the courts.

Invoices obtained through access laws show the Justice Department, acting on behalf of Aboriginal Affairs, paid out at least $3.1 million for legal services between 2007 and June 2012.

Government lawyers were trying to quash claims from First Nations child rights advocates that Ottawa is short-changing native communities by funding child welfare services at 22 per cent below provincial levels.

After much legal wrangling, the human rights tribunal will now hear full arguments on the case next February and March.

The case could eventually set a standard for federal funding of policing, health, schooling and special education for First Nations.