Overview

The CHRT Litigation

Long-Term Reform of the First Nations Child & Family Services (FNCFS) Program is part of Canada’s broader mandate to settle the Canadian Human Rights Tribunal (CHRT) litigation concerning the discriminatory funding of First Nations Child and Family Services (FNCFS) on-reserve. In 2007, the First Nations Child and Family Caring Society (Caring Society) and the Assembly of First Nations (AFN) alleged, through a human rights complaint before the CHRT, racial discrimination by Indian and Northern Affairs Canada in the provision of child and family services to First Nations on reserve and in Yukon.

Chiefs of Ontario ("COO") intervened in the litigation to provide perspective on the unique way discrimination operated in Ontario under the 1965 Indian Welfare Agreement (the "1965 Agreement").

In 2016, the CHRT ruled that Canada was racially discriminating against First Nations children on reserve (called the ‘merits’ decision).

The CHRT litigation highlighted the systemic discrimination against First Nations children living on reserve as evident in unequal funding for FNCFS Agencies, lack of prevention services, and disparities in the application of Jordan’s Principle. The Tribunal ordered the federal government to cease its discriminatory practices. Specifically, the Tribunal ordered that the FNCFS Program, Jordan’s Principle, and the 1965 Indian Welfare Agreement be reformed. The Final Agreement represents a significant step toward these objectives by specifically addressing the long-term reform of the FNCFS Program.

Funding Commitment

On July 11, 2024, the Assembly of First Nations, Chiefs of Ontario, Nishnawbe Aski Nation, and the Government of Canada announced they had finalized a $47.8 billion Final Agreement on the Long-Term Reform of the First Nations Child and Family Services Program. The funding term for the Final Agreement is for a total of 10 years with the start date being April 1, 2024 and the end date being March 31, 2034. Funding will continue after the 10 year term. The funding approach after the 10 year term will be informed by an independent program assessment that will evaluate the effectiveness of the program. The Orders state that Canada must provide non-discriminatory services to First Nations children. This obligation continues to exist after the expiry of the Final Agreement. Funding for the Reformed FNCFS Program is allocated to support Agencies, First Nations, and cover implementation costs for organizations such as the Assembly of First Nations (AFN), Chiefs of Ontario (COO), Nishnawbe Aski Nation (NAN) research initiatives, program assessments, and the Alternative Dispute Resolution (ADR) function.

First Nations Driven Work

The Final Agreement reinforces the commitment to First Nations-led service delivery, prioritizing culturally relevant, community-based solutions over top-down, government-imposed models.

First Nations processes have been at the forefront of negotiations and the development of the Final Agreement, driving the changes needed to create equitable and effective child and family services. The Chiefs hold the final say in approving and guiding the implementation of the Final Agreement, ensuring that it respects First Nations sovereignty and self-determination. Their leadership is crucial for the success of the reforms, as it reflects the will and priorities of the First Nations involved.

Events & Press

Events

The Chiefs of Ontario regret to inform you that the upcoming Trilateral Agreement Information Sessions previously scheduled for November 7 and November 13 from 1:00 PM to 3:00 PM EST are cancelled. We apologize for any inconvenience this may cause and will provide an update as soon as any rescheduling or alternative sessions are arranged. Thank you for your understanding and patience.

Press

Next month, First Nations across Canada will decide whether to accept the $47.8-billion agreement to reform on-reserve child welfare systems and stop decades of discrimination against First Nations youth. Abram Benedict Ontario Regional Chief shares his thoughts on the proposed settlement.
September 16, 2024

PRESS RELEASE - VIEW