First Nations leaders call for overhaul of negotiation process for child welfare reform deal

First Nations chiefs from across Canada are calling for a new negotiation process after voting to reject a settlement agreement on long-term reform of First Nations child and family services.

On Friday, the Assembly of First Nations (AFN) wrapped up a three-day meeting in Calgary to debate a $47.8 billion agreement reached with Canada in July. 

After voting down a resolution Thursday to endorse the deal, chiefs passed a resolution Friday morning officially rejecting the settlement agreement and to overhaul the negotiation process.

"This resolution speaks to the desired process that we see as path forward to getting the final settlement agreement back on track, to address the flaws identified by regions across the country and to create fairer, more equitable, more open, transparent process," Khelsilem, council chairperson of the Squamish Nation in B.C., told the assembly.

The resolution passed with 186 votes in favour and seven opposed. There were 10 abstentions. 

AFN to create children's chiefs commission

The resolution directs the AFN executive committee to establish a national Children's Chiefs Commission with regional representation to provide direction and oversight of the long-term reform agreement negotiations.

It also directs the AFN to postpone any votes on settlement agreements until all First Nations have had at least 90 days to review them.

"This is a lesson," Khelsilem, who moved the resolution, told the assembly.

"For the Assembly of First Nations, for the staff and legal, for the advisors, for the portfolio holder who has worked on this file, this is the lesson: the way we got here is not the way we should have done this. There was a better way forward."

The new commission will establish a team responsible for carrying out the negotiations for the long-term reform agreement. A separate resolution passed on Friday directs the new commission to negotiate the draft settlement agreement.

It was passed with 179 votes in favour and six opposed. There were four abstentions.

Optimism and disappointment

The settlement agreement stems from a class-action lawsuit and a 2016 ruling from the Canadian Human Rights Tribunal that found Canada engaged in wilful and reckless discrimination against First Nations children and families on reserve and in Yukon by failing to provide them with the same level of child and family services provided elsewhere.

Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, called the vote "an important reset moment." The Caring Society was an original complainant at the Canadian Human Rights Tribunal.

"It's a huge, huge responsibility that all of us now carry, and I'm feeling relieved seeing the direction from the chiefs this morning," said Blackstock.

"I'm ready to roll up my sleeves and get down to work."

On whether the government will return to the table, Blackstock said, "I'm hoping that this wasn't a take it or leave it deal from Canada, because that would be disrespectful to the children and it would be a walk away from reconciliation."

When the motion to support the deal reached in July was defeated late Thursday, some in the room whistled and applauded. In a statement, Nishnawbe Aski Nation, which represents 49 First Nations in northern Ontario, called that celebration "shameful." 

In a statement from the Chiefs of Ontario, a province-wide umbrella group, Ontario Regional Chief Abram Benedict said they were disappointed in the outcome. Both organizations endorsed the agreement in separate meetings last week.

Shelly Moore-Frappier, ogimaa (chief) of Temagami First Nation in eastern Ontario, said the region isn't giving up.

"We still have a mandate in Ontario to move forward so that's exactly what we're going to be doing," she said.

"We still have to answer to community. We're still doing the work, and that's not going to change."

Ontario was the only region directly involved in negotiations, due the two organizations' intervener status in the human rights complaint.

In British Columbia, both the Squamish Nation and Tŝilhqot'in National Government expressed concerns before Thursday's vote.

Xeni Gwet'in First Nation Chief Roger William, from one of six communities that comprise the Tŝilhqot'in Nation, said the voting down of this agreement doesn't mean chiefs reject negotiations altogether.

"We cannot let Canada off the hook," he said.

"It was a tough decision, but I believe it was the right decision and that it's not over. We still have a lot of work ahead of us."

William listened and learned much, he said, but the nation's concern about inclusiveness and transparency persisted. For the AFN, the vote sends a message that "communication is like money: you never have enough," he added.

First Nations in the Quebec region also collectively opposed the agreement, said Lance Haymond, who was acting as Quebec-Labrador regional chief for the meeting.

Even so, the decision to vote against the agreement was emotional, difficult and exhausting, Haymond added, describing the mood in his caucus room Friday morning as sombre.

"We didn't get any joy out of the decision," said Haymond, who is also chief of Kebaowek First Nation in western Quebec.

"Although the outcome was what Quebec region wanted, we were torn between the stories we heard [Thursday] and the concerns being raised by others."

Nevertheless, Haymond said he's convinced it's possible to go back to the table and get a deal all the regions will accept.

AFN executive to discuss next steps

In her closing remarks, National Chief Cindy Woodhouse Nepinak said the AFN's executive committee will be meeting in the coming weeks to discuss next steps. She acknowledged and thanked leadership from the Chiefs of Ontario and Nishnawbe Aski Nation who helped negotiate the draft settlement agreement.

"We've been proud to stand with you in support of this agreement and we will stay by your side as you consider next steps to support First Nations children in your jurisdiction," said Woodhouse Nepinak.

She also recognized the "success of the campaign that defeated" the resolution to endorse the deal.

"You spoke with passion, and you convinced the majority to vote against this $47.8 billion national agreement and I will be there to work with you," said Woodhouse Nepinak.

"We must always remember that whenever we land in this new course, that the rights-holders must be in control. The chiefs are in charge."

In an emailed statement, Indigenous Services Minister Patty Hajdu would not speculate on next steps but said Canada "remains steadfast in its commitment to reform the First Nations Child and Family Services Program so that children grow up knowing who they are and where they belong."