Ontario First Nations endorse $47.8B child welfare reform deal

Ontario chiefs voted Thursday to support and ratify a multibillion-dollar deal to reform the federal First Nations child and family services program.

Sixty-two of 74 First Nations leaders present voted in favour of a resolution to back the proposed settlement which aims to end decades of racially discriminatory government policy, at a meeting in Toronto called by the Chiefs of Ontario (COO) umbrella organization.

Following an afternoon of impassioned debate, Ontario Regional Chief Abram Benedict called the decision a difficult and highly emotional one.

"We're talking about one of the most important assets in our community — and that's our children," he told the delegates. 

The provincial advocacy group's endorsement sets the stage for a national-level meeting next week hosted by the Assembly of First Nations (AFN) in Calgary.

There are competing draft resolutions up for consideration nationally, with one calling for First Nations to support the deal, another calling for them to reject it until changes are made, and still another calling for a 90-day delay.

The Tŝilhqot'in Nation, encompassing six communities in British Columbia, said Wednesday it doesn't view the process as transparent or inclusive and is concerned AFN hasn't fully included leading experts.

"The Tŝilhqot'in National Government will be voting against the settlement agreement proposed by AFN," said tribal chair Nits'ilʔin (Chief) Joe Alphonse in a statement.

The Tŝilhqot'in urged other chiefs to vote against the deal, too.

The support was not always resounding in Ontario. Not everyone agreed the deal is the best one possible.

Several delegates expressed concerns the plan is rushed and imperfect. Others worried a snap election could yield a change in government and kill the deal but chiefs resolved to press for national support next week.

The settlement pledges $47.8 billion over 10 years for long-term program reform, with no commitment beyond that period.

The deal would resolve a 17-year-old complaint at the Canadian Human Rights Tribunal, first filed by AFN and the First Nations Child and Family Caring Society.

Cindy Blackstock, executive director of the society, has expressed concerns about the deal and released an extensive list of proposed amendments.

The original complaint alleged Canada's chronic underfunding of the First Nations child welfare system constituted systemic racial discrimination, an allegation the tribunal upheld in 2016. 

In his opening speech, Benedict said the negotiation team did its best to ensure the deal reflects the region's realities.

Ontario First Nations are in a unique spot due to the 1965 Indian Welfare Agreement, a provincial-federal funding arrangement the tribunal ruled is discriminatory and must be reformed.

"We took your mandate and have developed a draft that we believe is the best that we can get at this time," he  told delegates.

"There will never be an agreement that gets all of the areas covered. But we have gone as far as we believe [we can]."

'We've heard chiefs loud and clear:' AFN leader

COO, representing all 133 First Nations in Ontario, intervened in the case in 2009, meaning it was directly involved in the settlement talks, while other regions weren't.

This has rankled some leaders in other regions, something Benedict acknowledged.

"They're pretty upset because they only found out in July what was going on," he told the delegates.

Speaking to reporters after, Benedict said other regions are represented though AFN, which is tasked with keeping them informed. AFN, an advocacy body for more than 630 First Nations, originally planned to meet last month about the deal but postponed due to chiefs' concerns.

AFN National Chief Cindy Woodhouse Nepinak said Thursday the organization is listening and working on amendments.

"We've heard chiefs loud and clear," she told reporters on Parliament Hill.

Joel Abram, grand chief of the Association of Iroquois and Allied Indians and chair of COO's chiefs' committee on social services, told the delegates the deal brings more money and more flexibility — and more risk.

"Along with increased services comes increased responsibility, and there will be increased liability on you regardless of whether you say 'yes' or 'no,' because there will be those increased funds," Abram said.

COO's approval follows that of Nishnawbe Aski Nation, representing 49 First Nations in northern Ontario, which voted to ratify the deal on Wednesday, calling it a historic moment that will protect children and families for generations to come.

The human rights tribunal would also need to approve the settlement.