The Assembly of First Nations (AFN) and the federal government finalized an agreement Wednesday night that will see the federal government spend $47.8 billion to reform child welfare programs over the next 10 years.
AFN National Chief Cindy Woodhouse Nepinak made the announcement on the final day of the AFN’s annual general assembly in Montreal, just two days after telling chiefs that an offer had been put on the table but she could not yet discuss it publicly.
Although her announcement was greeted with cheers, concerns remained Thursday among some who accused her and the APN of working behind the scenes to finalize a deal that would affect their children for generations to come.
The agreement aims to redress decades of discrimination against First Nations children who were removed from their families and placed in foster care because child welfare systems on reserves were not adequately funded to provide services that could keep families together.
“There has been so much pain and harm caused by this racist child welfare policy in each of our First Nations communities and in our families,” Mr.me Woodhouse Nepinak, at a press conference.
The federal government is responsible for child welfare on reserves, and provincial governments are responsible for child welfare programs everywhere else. But Ottawa’s funding was on par with the provinces’ for foster care because they had to pay provincial agencies to provide the service at provincial rates.
The NPC is expected to ratify the deal at an extraordinary assembly in September.
Fundamental change
Indigenous Services Minister Patty Hajdu shed a few tears as Ms.me Woodhouse Nepinak discussed the monumental agreement they had reached.
“This is an attempt to bring some peace to families, communities and First Nations people who have suffered the odiousness of colonialism through what I would call the cruelest policy, which is the separation of families,” the minister said.
Ontario Regional Chief Abram Benedict said the agreement marks a fundamental change in the relationship between First Nations and Ottawa.
“I can tell you that as a member of the negotiating team, we are pleased with the agreement that we have reached. Otherwise, we would not have proposed it,” he said, thanking Minister Hajdu for her support. “It is revolutionary.”
He added that First Nations people will now begin the process of discussing the agreement on its merits. “It is now in the hands of our communities.”
Enhanced agreement
The deal is worth more than double what was originally promised for long-term reform in a settlement agreement resulting from a hard-fought human rights complaint over underfunding of child welfare services.
The Canadian Human Rights Tribunal has ruled that Canada discriminated against First Nations children through chronic underfunding of child welfare programs.
The initial amount was set at $20 billion. A separate $23 billion was set aside to compensate children and families harmed by the system.
Families who helped launch the initial trial stood alongside the minister and national leader to announce the news.
Concerns and dissent
The process of reaching the historic agreement was marred by concerns from leaders across the country, with child protection dominating sidelines, last-minute resolutions and closed-door meetings, despite being mostly erased from the original agenda.
Four regional leaders who sit alongside Mme Woodhouse Nepinak on the assembly’s executive committee wrote letters to her in June denouncing her efforts to reach an agreement, saying she was overstepping her mandate by making decisions that would directly affect First Nations children and families without their consent.
Chiefs Bobby Cameron, Terry Teegee, Ghislain Picard and Joanna Bernard represent more than half of Canada’s First Nations.
They also accused the AFN of trying to exclude the First Nations Child and Family Caring Society from the process, despite having jointly filed a human rights complaint over Ottawa’s underfunding of child welfare services on reserves.
Mme Woodhouse Nepinak denied the allegations and said chiefs would be able to review the agreement before it is voted on at a special chiefs meeting in the fall.
She also promised to listen to any feedback she received.
“You asked us to go get a deal with Canada. You pushed us time and time again to continue to negotiate in the right direction,” she reminded the chiefs. “I take direction from you. Not from the agencies, not from the AFN, not from the staff, not from anyone else, but from the chiefs.”
She revealed the dollar amount during a closed-door meeting with chiefs and their deputies on Tuesday.
During that meeting, she discussed the political risks of not accepting the deal that is on the table, according to a source in the room who requested anonymity because he was not authorized to share details publicly.
This risk refers to the fact that a federal election is looming on the horizon and a new government led by the Conservatives is possible.
When asked what would happen if there was a change of government next year, Mrme Woodhouse Nepinak responded that there is a financial commitment that the next government, “in theory,” will not be able to renege on.