Cindy Blackstock, seen here at the recent AFN gathering in Ottawa, says she's filed a motion with the CHRT. Photo: Mark Blackburn/APTN.
First Nations leaders have been forced back into litigation over child welfare, according to Cindy Blackstock, executive director of the First Nations Child and Family Caring Society (Caring Society)
Blackstock said she has filed a motion with the Canadian Human Rights Tribunal (Tribunal) to force Canada back to the table to negotiate with First Nations outside of Ontario on a deal to reform the on reserve child welfare system for First Nations outside Ontario.
“ Chiefs have said that they want to negotiate, but they want to negotiate in a way that they have representation at the table. And that’s a fair argument, said Blackstock.
“And in my view, Canada’s not doing either. They’re not listening to First Nations rights holders, and they are not negotiating in good faith.”
Canada negotiated a flawed agreement that would continue the discrimination against kids, said First Nations could vote on it and now says it will only negotiate with those who agree with them. Chiefs directed a reset of negotiations and Canada walked away. Bad faith…
— Cindy Blackstock (@cblackst) January 14, 2025
The Canadian Human Rights Tribunal ordered the federal government to revamp the child welfare system after it ruled that Canada discriminates against on reserve First Nations kids in care by chronically underfunding services, compared to other children.
The case against the government was filed in 2007. The Tribunal ruled in 2016.
The Assembly of First Nations (AFN), Chiefs of Ontario and Nishnawbe Aski Nation who had standing in the case negotiated a deal called the Final Settlement Agreement.
The FSA was supposedly worth $47.8 billion over 10 years.
It was struck down at an AFN gathering in October when chiefs voted for a new negotiating team and what they called a more inclusive agreement with Ottawa.
Read More:
Chiefs in Ontario rushing to get child welfare deal done before possible change in government
Chiefs in Ontario decided last week to continue negotiating and refining the existing FSA.
Then Patty Hajdu, minister of Indigenous Services wrote to the AFN national chief saying the government’s mandate “does not permit further negotiations at a national level.”
That seemed to cut First Nations outside Ontario out of future negotiations.
“ Included in the draft agreement the requirement that First Nations across the country would get a chance to decide if this… agreement met their needs. And many of the regions said, ‘No, it does not meet our needs,’“ said Blackstock.
“And now Canada is saying, ‘Well, we don’t want to negotiate with you if you didn’t agree with the terms.’ Like, it’s a false choice. I feel it’s a serious breach of good faith negotiations on behalf of Canada.”
Blacktock said the filing before the Tribunal should not impact the Ontario negotiations but calls for the feds to sit down with the rest of the First Nations across Canada to either include them or negotiate separately.
More to come.
