AFN Chiefs in Assembly Reject Draft Settlement Agreement

News Release

The Our Children Our Way Society welcomes the decision of the AFN Chiefs in Assembly to reject the draft Final Settlement Agreement on Long-Term Reform of the First Nations Child & Family Services program.

The draft was released on July 11, 2024 and seeks to resolve Canada’s discrimination against First Nations children and families.

In 2016, the Canadian Human Rights Tribunal found the First Nations Child & Family Services Program to be flawed, inequitable and discriminatory under the Canadian Human Rights Act resulting in egregious harms against First Nations children. The Tribunal ordered Canada to cease discriminating and reform the program, and has issued numerous additional rulings to compel Canada to act.

The Assembly of First Nations led engagement sessions on the draft agreement over the summer and into the fall; however, Canada did not consult with First Nations or seek their free, prior and informed consent regarding the draft agreement.

Chiefs, experts, lawyers and community members identified numerous weaknesses within the draft agreement, including: an inadequate funding approach that will not end Canada’s discrimination against First Nations children; governance structures that lack transparency and are not accountable to First Nations; a weak dispute resolution process; a 10-year timeline with no mechanisms to prevent the recurrence of Canada’s discrimination.

First Nations Chiefs from across Canada came together in Calgary on the traditional territories of the Blackfoot Confederacy to discuss and vote on the draft agreement. Over two days, the Chiefs heard from the parties who negotiated the draft agreement, from regional experts on First Nations child & family services, and from the Caring Society. Under the leadership of the Dr. Cindy Blackstock, the Caring Society worked with the AFN to file the human rights complaint against Canada in 2007.

Before the Chiefs voted, former National Chief Phil Fontaine reminded the Chiefs of the difficult work they have completed together in the past, noting the great value in upholding and respecting the diversity across First Nations.

During the voting process, many Chiefs spoke in favour of the draft agreement while others noted critical shortcomings. All Chiefs spoke passionately about their responsibilities toward their children and families.

Ultimately, a majority of the Chiefs voted against the draft agreement.

“Our leaders have rejected this draft agreement because they know what is at stake: our children. This was not a good agreement: we have to do better for our children,” says Mary Teegee, Chair of the Our Children Our Way Society.

“Moving forward children, and our sacred responsibilities toward them, must sit at the center of any agreement to reform child and family services,” says Jennifer Chuckry, Executive Director of the Our Children Our Way Society.

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For further comment, please contact: Mary Teegee – Maaxswxw Gibuu, Chair, Our Children Our Way Society, Phone: 250-612-8710