Tribunal Letter-Decision on the Ontario Final Agreement
Press Release
March 30, 2026
The Tribunal is issuing this letter- decision, with reasons to follow, similar to a ruling on the bench, in an expeditious manner to ensure that the Ontario First Nations do not lose a full year of funding under the OFA. This letter-decision is only a summary and should not be considered a complete final decision without its full interpretation of the OFA and the Tribunal’s orders and reasons. However, for clarity no additional orders will be included in the ruling with reasons to follow. The Tribunal is providing guidance in this letter-decision to inform parties on some aspects but cannot include everything in a letter-decision in such a short time after the end of the hearing on February 27, 2026.
The Tribunal finds that the prejudice to First Nations children, families, and First Nations of having to wait for the ruling with reasons, and losing a year of funding under the OFA, far outweighs any potential argument of procedural unfairness in receiving a letter-decision now and having to wait a few months for the full reasons. The Tribunal has proceeded in this manner on different occasions when it was deemed urgent and deemed necessary by this Tribunal.
Given the considerable time constraints to meet the March 31, 2026, deadline, the Tribunal reserves the right to make editorial changes to this letter-decision after its release.
Tribunal Panel’s remarks
“Of all of society’s institutions, education has brought us to the current state of poor relations between Indigenous and non -Indigenous peoples; but if it is education that created this mess, it will be education that will get us out of it. We know that making things better will not happen overnight. It will take generations. That’s how the damage was created and that’s how the damage will be fixed. But if we agree on the objective of reconciliation, and agree to work together, the work we do today will immeasurably strengthen the social fabric of Canada tomorrow.”
― Murray Sinclair, Who We Are: Four Questions For a Life and a Nation
After 27 years in prison, Nelson Mandela emerged not with a desire for revenge, but with a commitment to reconciliation. When he became President of South Africa in 1994, he faced a nation deeply divided by apartheid, where many expected him to remove those who had upheld the oppressive system. Instead, Mandela chose a different path. He retained experienced civil servants, including many from the former regime, and invited former adversaries to help build the new South Africa.
He understood that lasting peace required inclusion rather than exclusion. By prioritizing unity over retribution, Mandela helped prevent further division and violence and laid the foundation for a democratic society grounded in cooperation, dignity, and shared nation-building.
The Tribunal believes that the First Nations in Ontario and Canada have chosen a similar path. It may not be the only path, but it certainly is a noble one.
“In the end, reconciliation is a spiritual process that requires more than just a legal framework. It has to happen in the hearts and minds of people.”
Nelson Mandela (2012). “Notes to the Future: Words of Wisdom”, p.65, Simon and Schuster.
The Nishnawbe Aski Nation called on the Tribunal to give peace a chance and we agree.
This is also about empowerment of First Nations and a recognition that they should be in the seat of authority in decisions concerning their own children.
First Nations have always cared for their children and have always been best placed to do so. This fundamental right was taken from them by settlers who, in their hubris, believed they knew better. That mindset has not been fully eradicated and continues to persist in many legislations, policies and systems today. The Tribunal does not seek to reinforce or legitimize this way of thinking.
The concept of the “best interests of the child” has too often been used to justify oppression, removal, and control, while imposing non-Indigenous perspectives on Indigenous Peoples. For this reason, the Tribunal has consistently emphasized that the best interests of the child must be understood and applied through an Indigenous lens to avoid repeating history.
Stopping the mass removal of First Nations children from their homes, communities and Nations has been found to be a priority by this Tribunal: More importantly, this case is vital because it deals with mass removal of children. There is urgency to act and prioritize the elimination of the removal of children from their families and communities (2018 CHRT 4 at paragraph 47).
This Tribunal found that the unnecessary removal of children from their homes, families and communities qualified as the worst harm, (See 2019 CHRT 39, at para.13).
First Nations children belong in their families, extended families, communities and Nations.
Self-determination and human rights
In its merits decision, the Tribunal found that the legacy of residential schools was perpetuated through child welfare institutions, and it referenced the Prime Minister’s apology regarding residential schools at paragraph 147: Two primary objectives of the Residential Schools system were to remove and isolate children from the influence of their homes,
IHT5
