AFN national chief promotes child welfare agreement, as expert raises concerns

The national chief of the Assembly of First Nations says there are 47.8 billion reasons for chiefs to accept a child welfare reform deal with Canada, but a leading child welfare expert is warning chiefs to review the fine print.

National Chief Cindy Woodhouse Nepinak has been promoting a settlement that would see the federal government set aside $47.8 billion over 10 years to reform the First Nations child welfare system.

The deal was struck after decades of advocacy and litigation from First Nations and experts, seeking to redress decades of discrimination against First Nations children who were torn from their families and placed in foster care because the child welfare systems on reserves were not funded to provide services that could keep families together.

The federal government is responsible for child welfare on reserves, and provincial governments for child welfare programs everywhere else. But Ottawa’s funding was only on par with the provinces when it came to foster care because they had to pay provincial agencies to provide that service at provincial rates.

The AFN is set to ratify the agreement at a special assembly in September, should chiefs agree to its contents.

Cindy Blackstock of the First Nations Child and Family Caring Society, who helped launch the initial complaint that led to the agreement, spoke to chiefs in Saskatchewan Tuesday about the draft deal.

“Based on what I know now, this is not a good thing for our kids. I think we can do much better,” she said at event organized to discuss the agreement.

“And the way we do much better is to make sure it’s an inclusive and transparent process where we have the people who are working with families, and the leadership in communities, as part of the process.”

Woodhouse Nepinak, meanwhile, defended the agreement while in Winnipeg.

“Canada has pursued its colonial policies — they have attacked our Nations by removing our children from their parents, their homes and communities for generations,” Woodhouse Nepinak said at a press conference.

“The final settlement agreement represents a significant step toward dramatically improving services for First Nations children after generations of abuse at the hands of federal and provincial child welfare systems by directing funds to First Nations.”

Blackstock says she wonders how the AFN is expected to present chiefs with nuanced information about that same settlement agreement, because a clause in the deal instructs them to publicly promote and defend it.

“In my view, consultation involves kind of giving people the straight goods — the downsides of things,” Blackstock said in an interview.

“It’s not about selling an agreement. It’s about saying, here are the different options, and these are the upsides and downsides as we see them.”

Woodhouse Nepinak defended the clause Tuesday, saying it’s important for regional chiefs to speak to their assemblies and that promoting the agreement ensures more people are aware of it.

“At the end of the day, First Nations will decide whether this agreement goes ahead or not,” Woodhouse Nepinak said. “They can change any clause that they so wish. They can recommend any clause that they want changed.”

Blackstock said that isn’t entirely true, noting she was unable to find anything on the AFN’s website about how to submit an amendment. She also said there’s no clear processes for chiefs to debate potential amendments ahead of the special assembly.

With the vote scheduled to take place in less than a month, Blackstock asked how 633 First Nations will have an opportunity to submit amendments.

“Where’s the process?”

Blackstock is also concerned service providers are excluded from the agreement, along with youth in care with lived experiences who are crucial to ensure the agreement actually works on the ground.

Indigenous Services Canada did not immediately respond to a request for comment.

This report by The Canadian Press was first published Aug. 21, 2024.