Updated Reform Approach to Child and Family Services (May, 2024)
Press Release
Contents
- Introduction
- Background
- Current AIP Fund Status
- Non-compliance Motion on Jordan’s Principle
- Honouring
- Key Components of Any Funding Arrangemen
- Purpose
- Principles
- Key Definitions to Include in the Reformed Funding Approach and the Fully Reformed Funding Approach
- Structure of the Reformed Funding Approach
- Enforcement of Reforms
22 Getting This Right
REFORMED APPROACH TO CHILD AND FAMILY SERVICES May 2024
Introduction
This document sets out the high level positions of the First Nations Child & Family Caring Society (the Caring Society) on long term reform of First Nations Child and Family Services to stop Canada’s discrimination towards First Nations children, youth, and families and ensure it does not happen again. As a basic principle, the Caring Society will not erode the existing gains First Nations have made via the Canadian Human Rights Tribunal (the Tribunal) orders consistent with the direction of Chiefs in Assembly Resolution 40/2022. The Caring Society’s positions rely on First Nations–driven research and thus this document will be updated as further research becomes available and is reviewed by First Nations Child and Family Service technical experts including the National Advisory Committee (NAC). The positions are grounded in the reality that First Nations Child and Family Services are a mandatory emergency service that must be available at all times to meet the needs of First Nations children, youth, and families.
Background
The Tribunal has ordered the government of Canada to cease its discriminatory conduct in First Nations Child and Family Services and Jordan’s Principle and ensure there are effective and enforceable safeguards to prevent the recurrence of discrimination. The Tribunal retains jurisdiction over these matters and will need to review and approve any agreements with Canada to resolve the discrimination claim.
In 2021, the Assembly of First Nations, the Caring Society, Chiefs of Ontario, Nishnawbe-Aski Nation, and Canada signed an Agreement in Principle (AIP) setting out a framework for a Final Settlement Agreement (FSA) to end Canada’s discriminatory conduct and prevent its recurrence. Chiefs in Assembly Resolution 40/2022 provides that the First Nations in Assembly must approve any Final Settlement Agreement put before the Tribunal for its approval.
In December 2023, the Caring Society stepped out of the AIP process to bring a non-compliance order against Canada due to the serious, life-altering, and threatening consequences for First Nations children, youth, and families arising from failed implementation by Canada of the Tribunal’s orders on Jordan’s Principle. The Caring Society retains its rights to make submissions and representations to the Tribunal on all matters, including child and family services and any proposed Final Settlement Agreement(s) that may be brought forward by one or more of the other parties. The Caring Society is committed to enshrining the best approach to eradicating discrimination from First Nations Child and Family Services and preventing its recurrence.
REFORMED APPROACH TO CHILD AND FAMILY SERVICES May 2024
This document sets out the Caring Society’s key positions on the necessary building blocks to achieve the
best outcomes for First Nations children, youth, and families based on the current community-informed and 3 evidence-based research for child and family services. These proposals should be read together, as ending
discrimination requires a harmonious and holistic set of measures with well-defined and effective principles, definitions, structures, reviews, and enforcement provisions.
Almost 80 percent of all First Nations have delegated the responsibility of child and family services to a First Nations Child and Family Services agency. In addition, 17 percent of First Nations provide some level of prevention services and receive other child and family services from the province/territory, and a further
3 percent are operating under First Nations jurisdiction. Put simply, every First Nations child, youth, and family has a right to live the lives they wish to have free from all forms of discrimination.
The Caring Society strongly advocates for Canada to provide the resources and supports necessary to ensure non-discrimination across all jurisdictional models of child and family service delivery that exist now and may develop in the future. Moreover, the Caring Society takes the position that First Nations are in the best position to govern their relationships with their service providers in keeping with An Act respecting First Nations, Inuit and Métis children, youth and families. The human rights complaint and a significant portion of the community-driven research currently in the field is focused on ensuring that First Nations Child and Family Services can be delivered pursuant to a First Nation’s delegated authority in a manner free from discrimination and in keeping with the principles of substantive equality and the best interests of the child.
Current AIP Fund Status
The $19.807 billion over five years is now committed to First Nations Child and Family Services and we call on Canada to provide a detailed breakdown of how much has already been spent, and what expenses are committed against it. April 1, 2024 marks the second fiscal year in the roll-out of the five-year AIP funding commitment. The Caring Society views the $19.807 billion as baseline allocation to address negative effects of Canada’s discrimination that were not sufficiently addressed by the actual orders in 2018 CHRT 4, while further work was done with First Nations, First Nations Child and Family Service agencies, and First Nations not affiliated with First Nations agencies.
The Caring Society recognizes that the AIP has provisions to address the 1965 Indian Welfare Agreement in Ontario that are specific to that region and are not included here.
A key Caring Society focus is to ensure the discrimination towards First Nations children stops and does not recur beyond the five years or any other fixed date funding allocations agreed to by Canada.
IHT6
