Ontario First Nations Face Tough Choices After $47.8 Billion Child Welfare Deal Falls Apart
First Nations leaders in Ontario are debating their next steps after a major child welfare deal was rejected, leading to conflicting legal opinions.
Ontario, Canada, First Nations, Child Welfare, Legal Opinions, Assembly of First Nations
OTTAWA: So, here’s the scoop. First Nations leaders are in a bit of a pickle after a huge $47.8 billion child welfare reform deal got shot down. It’s caused quite a stir, with different legal opinions popping up from all sides.
Ontario Regional Chief Abram Benedict is saying that the chiefs he represents are still holding out hope that the agreement with Ottawa isn’t completely off the table. Just a couple of months ago, chiefs outside Ontario voted against it, but those in Ontario are still in the mix for the Canadian Human Rights Tribunal case that led to this whole situation.
There’s some chatter about how the new negotiation guidelines from the chiefs might be stepping outside the usual governance setup of the Assembly of First Nations. Benedict mentioned that the Assembly needs to act soon, but they also need partners who are willing to work together.
Now, there’s a lot of back-and-forth happening. The Assembly of First Nations and a board member from the First Nations Child and Family Caring Society are both looking into legal options. They’re trying to figure out the best way to move forward.
Khelsilem, a chairperson from the Squamish Nation, isn’t too happy with how Ontario First Nations are handling things. He feels they made a poor deal for everyone else and now want to renegotiate while trying to separate from the process. He worries this could hurt the unity needed to make real progress.
This whole $47.8 billion agreement was a big deal, struck after years of fighting for better treatment of First Nations kids who’ve been taken from their families. The Canadian Human Rights Tribunal found that the government was underfunding services for kids on reserves, which is just plain unfair.
The deal was supposed to provide funding for a decade, allowing First Nations to take charge of their own child welfare services. But many chiefs and service providers felt it didn’t go far enough to end the discrimination. They’ve been vocal about the federal government not consulting them properly during negotiations and leaving out the Caring Society, which played a big role in the original human rights complaint.
Back in October, during a special chiefs assembly in Calgary, the deal was rejected through two resolutions. The Assembly of First Nations then sought a legal review of those resolutions, looking for guidance on how to deal with them.
In the legal review, it seems they were trying to find a way to “get rid” of the resolutions that voted down the deal. The firm they consulted suggested they could either scrap both resolutions or leave room for some compromise.
The Assembly of First Nations said they were just trying to ensure everything was done right and that the legal opinions were their own, not necessarily reflecting the views of the Assembly. They’re committed to following the chiefs’ direction, whatever that may be.
However, the legal reviews pointed out that the resolutions need a serious look at who voted for them and might require changes to the organization’s charter. Some chiefs are calling this whole situation “political deception.”
In response, a board member from the Caring Society sought their own legal review, arguing that it’s not right for the AFN to question decisions already made by the First Nations. They believe the resolutions are in line with the AFN’s charter and that it’s too late to challenge them now.
So, it’s a bit of a mess right now, with a lot of opinions flying around. The future of child welfare for First Nations kids hangs in the balance, and everyone’s trying to figure out the best way forward.