Chiefs in Calgary pass resolution to re-negotiate child welfare deal with Ottawa

The special chiefs assembly in Calgary wrapped up in Calgary with a resolution to re-negotiate the child welfare deal with Canada. Photo: Leanne Sanders/APTN.

APTN News: Chiefs at the Assembly of First Nations (AFN) gathering in Calgary voted in favour of a resolution to go back to the federal government to re-negotiate an agreement on reforming the on-reserve child welfare system.

The resolution calls for a “new negotiating process” and for the agreement to be “developed and approved by the First Nations-in-Assembly based on the spirit and intent of this resolution.”

Details of the resolution include having an “independent First Nations-led technical secretariat for each province/territory,” and to direct Canada to implement stable and sustainable funding.

The resolution also calls on Canada and the AFN to “refrain from bringing any motions or seeking direction from the CHRT (Canadian Human Rights Tribunal) to set aside existing CHRT orders… without prior approval of First Nations in assembly.”

Seven chiefs voted against the resolution put forward by Squamish Nation Counsellor Khelsilem, while 186 voted in favour.

The gathering in Calgary was scheduled to vote on what is known as the final settlement agreement (FSA) negotiated by the Assembly of First Nations, Nishnawbe Aski Nation and Chiefs of Ontario. The deal included $47.8 billion to reform the on-reserve child welfare system that the CHRT said was discriminatory.

Of the 414 chiefs who voted, 267 voted the deal down on Thursday evening.

“First Nations Leadership have made their decision on the path forward to ensure all First Nations children for generations to come live free of discrimination and grow up healthy and proud of who they are,” said Cindy Blackstock, executive director of the First Nations Child and Family Caring Society and fierce critic of the proposed agreement.

“We are ready to do our part.”

A sombre Cindy Woodhouse Nepinak, national chief of the Assembly of First Nations, appeared at the end of the gathering to acknowledge the chiefs who helped negotiate the deal – and those who defeated it.

“We also recognize the success of the campaign that defeated this resolution,” she said. “You spoke with passion and you convinced the majority to vote against this $47.8 billion national agreement.

“We can’t help but think that the kids and families lost something with yesterday’s votes because the status quo will prevail,” she said.

On her way of the assembly, APTN News asked her what comes next.

“We have a long way to go obviously,” the national chief told APTN News. “I think one-third of Chiefs are ready to go and there’s still two-thirds that are not sure.

“It’s disheartening because next year they’ll be way more kids than care than ever before. I think agencies worked hard this week and they were very organized and they won.

As for the tribunal ruling, “I’ll have to get some advice on that legally. I don’t know what, you know because it’s still a court process. It’s still a complaint. It’s still in the court at the Canadian Human Rights Tribunal and I know probably the federal court in Supreme Court are looking at this.

“So I think We have to get a legal opinion on on what comes next and because certainly politically on trying to get a good deal, I know that as national chief, I worked really hard to get that money on the table. It wasn’t wasn’t enough.
“Maybe somebody like Cindy Blackstock could bring more money. We don’t know.”

Woodhouse Nepinak said the compensation ordered by the Canadian Human Rights Tribunal will start to roll out soon.

She added that the AFN’s executive would be meeting in the coming weeks to discuss the next steps. Three of the regional chiefs who sit on the executive condemned the AFN for overstepping its authority in negotiating the FSA.

The resolution that was passed, and another one from child welfare advocate and proxy chief for Skawahlook First Nation, Judy Wilson, called for the creation of a children’s chiefs’ commission comprised of leadership from all regions in the country to negotiate a new deal and provide oversight, along with a new legal team.

It also calls for chiefs to be given at least 90 days to review an agreement before voting on it, with the document to be made available in both official languages.

“The Chiefs are committed to acting quickly and in unity to implement the new path forward,” Blackstock said in an email to APTN. “Work is already underway on amendments to address some of the shortcomings of the agreement and that will continue so that it can be presented to the new Children’s Chiefs’ Commission as soon as they are established.

“Leadership are already meeting to discuss appointments so that the process can get underway. We also have the First Nations based evidence to build on and with the guidance and direction of the Chiefs we will get there.”

With files from the Canadian Press.