First Nations child welfare advocates say work on reform deal will continue with or without Canada

First Nations child welfare advocates say they will continue to work toward a new child welfare reform deal as the federal government weighs its response to an order from the Canadian Human Rights Tribunal (CHRT) to resume talks.

The CHRT has ordered Canada to respond by Aug. 29 to say if it will resume negotiations for a new child welfare agreement with the National Children's Chiefs Commission (NCCC) or the Assembly of First Nations (AFN) and the Caring Society.

"I hope that we see from Canada that they are going to consult with the National Children's Chiefs Commission… and not try to undermine the tribunal's orders," said Cindy Blackstock, executive director of the First Nations Child and Family Caring Society.

The order stems from a 2016 tribunal ruling that found Canada had discriminated against First Nations children on reserve and in Yukon by underfunding the child welfare system.

Last year, chiefs at an AFN special assembly voted against accepting a $47.8 billion agreement to reform First Nations child welfare that would have lasted nine years. Chiefs instead agreed to set up the NCCC to lead negotiations for a new deal.

CBC Indigenous asked Indigenous Services Canada if it had responded to the order but did not receive a reply by time of publishing.

Indigenous Services Minister Mandy Gull-Masty's office told Canadian Press last week she would review the tribunal's order to resume talks.

"We would hope that they would do more than review the decision, that they would comply with the tribunal's decisions," Blackstock said.

"If they don't do that, then the process is going to continue without them."

If that's the case, Blackstock said the federal government would have to negotiate with advocates at tribunal hearings.

As they await the government's decision, the Caring Society and the NCCC will continue with their work on community consultation and planning, Blackstock said.

Working with the NCCC has been a much better approach than the process that led to the failed 2024 deal, Blackstock said.

Other advocates agree.

Mary Teegee, chair of Indigenous Child and Family Services Directors — Our Children Our Way Society, said there were many issues with the negotiations leading up to the 2024 AFN meeting. She said she sees the NCCC as a big improvement over the last process.

The CHRT's recent decision only strengthens the NCCC's mandate to work alongside the AFN and the Caring Society on a new deal with the government, she said.

"We're in a really good place and I think that was a really heroic and very courageous [decision] that the Canadian Human Rights Tribunal made," Teegee said.

As she prepares to attend the AFN's annual general assembly in Winnipeg next week, where child welfare reform will again be on the agenda, Teegee said the NCCC has been consulting with remote communities and others who were left out during the last negotiations.

Meanwhile, Teegee said she is prepared for Canada's response to the tribunal's order and hopes the tribunal will continue to uphold its decision.

"I don't think there's one judicial review that the children haven't won," Teegee said.

"I feel very confident that if they do appeal it, then we would win that."