Canada tells AFN it won’t negotiate nationally on First Nations child welfare reform

Canada has informed the Assembly of First Nations that they do not have the mandate to negotiate nationally after chiefs rejected a $47.8 billion offer to reform the on-reserve child welfare system long term. Instead, the federal government has decided to continue negotiations with First Nations leaders in Ontario, the only region that fully endorsed the agreement, to strike a region-specific deal based on the original proposal’s terms.

Indigenous Services Canada made this announcement in a news release on Tuesday, stating that they will be engaging in talks with the Chiefs of Ontario and Nishnawbe Aski Nation political organizations. However, it was revealed that Canada has privately informed the AFN that they will not be negotiating further at the national level.

Paul Vickery, Canada’s legal counsel, communicated this decision in a confidential letter to the AFN’s lawyers on January 6. He mentioned that the Chiefs of Ontario and Nishnawbe Aski Nation have requested negotiations specific to Ontario based on the terms of the Final Agreement. Canada, along with these organizations, will begin negotiations shortly, but the mandate does not allow for further negotiations on a national basis at this time.

The rejection of the proposed final settlement agreement by the AFN in October and December has raised questions about the Liberal government’s commitment to honoring these resolutions. The agreement was intended to address the chronic underfunding and racial discrimination within the on-reserve child welfare system, as ruled by the Canadian Human Rights Tribunal in 2016.

National Chief Cindy Woodhouse Nepinak, who campaigned for the deal, expressed her disappointment with Canada’s decision. She emphasized that the well-being of First Nations children and families remains a top priority, and the AFN Executive Committee will continue discussions to determine the best course of action in light of this development.

Cindy Blackstock, the executive director of the First Nations Child and Family Caring Society, stated that Canada must remedy its discriminatory practices towards all children in Canada. She emphasized that every child matters and that the government should not be allowed to choose which child victims receive justice.

The fate of the program has become even more uncertain with Prime Minister Justin Trudeau’s decision to suspend Parliament until late March and resign once a successor is selected. Despite the disappointment over the lack of national reform, Ontario Regional Chief Abram Benedict highlighted the urgency of addressing discrimination in the child welfare system. He stressed the need to advance the proposal put forth by Ontario chiefs without waiting for prolonged processes or political changes.

In response to concerns about excluding the AFN from negotiations, Indigenous Services Minister Patty Hajdu’s spokesperson, Jennifer Kozelj, clarified that Canada is not cutting out the AFN but is working with COO and NAN as they were the only regions directly involved in settlement negotiations. The complaint remains before the human rights tribunal as discussions continue to find a resolution to the longstanding issues within the on-reserve child welfare system.