First Nations advocates dedicated to child welfare are committed to pursuing a fresh child welfare reform agreement as the federal government ponders its response to a directive from the Canadian Human Rights Tribunal (CHRT) to resume discussions. The CHRT mandated that Canada provide a response by August 29 regarding its willingness to reinitiate negotiations for a new child welfare pact with either the National Children’s Chiefs Commission (NCCC) or the Assembly of First Nations (AFN) and the Caring Society.
Cindy Blackstock, the executive director of the First Nations Child and Family Caring Society, expressed her hope that Canada would engage in consultations with the National Children’s Chiefs Commission and respect the tribunal’s directives without undermining them. The directive stemmed from a 2016 tribunal ruling that found Canada guilty of discriminating against First Nations children on reserves and in Yukon by inadequately funding the child welfare system.
Following a previous rejection by chiefs at an AFN special assembly of a $47.8 billion reform agreement lasting nine years, a decision was made to establish the NCCC to lead negotiations for a new deal. Indigenous Services Canada responded to the CHRT on August 29 seeking clarification on the tribunal’s ruling and updated on previous meetings between Indigenous Services Canada and the NCCC.
Indigenous Services Minister Mandy Gull-Masty’s office indicated a review of the tribunal’s order to restart talks, prompting Blackstock to emphasize the importance of compliance with the tribunal’s decisions. Blackstock warned that if the government does not comply, the process will proceed without their involvement, necessitating negotiations with advocates at tribunal hearings.
As discussions continue, the Caring Society and the NCCC will persist in community consultations and planning, Blackstock noted. Mary Teegee, chair of Indigenous Child and Family Services Directors — Our Children Our Way Society, highlighted improvements in the NCCC approach compared to past processes, saying the CHRT’s recent decision bolsters the NCCC’s mandate in collaborating with the AFN and the Caring Society on a new agreement.
Teegee praised the recent order from the Canadian Human Rights Tribunal, expressing confidence in the children’s cause. As the AFN’s annual general assembly approaches, Teegee affirmed the NCCC’s efforts to engage remote communities and previously neglected stakeholders in the reform discussions. Teegee remains optimistic about the tribunal upholding its decision, asserting a track record of children prevailing in judicial reviews.
