The Assembly of First Nations has negotiated $47.8 billion for child welfare reform over a 10-year period.
The announcement was made two days after the national chief, Cindy Woodhouse, told the assembly that she was unable to reveal the amount that was on the table. Her statement was the cause of much discussion and opposition among the assembled chiefs.
The AFN held a media conference announcing the proposed settlement, but the woman who was the driving force advancing the case was absent. Where was Cindy Blackstock, the executive director of the First Nations Child and Family Caring Society?
In 2007, the First Nations Child and Family Caring Society and the Assembly of First Nations launched an action with the Canadian Human Rights Tribunal because federal funding for Indigenous child welfare fell far short of the amount provided by the provinces.
In 2016, the Canadian Human Rights Tribunal ruled that the federal government engaged in “wilful and reckless discrimination” against First Nations children and families on reserve and in the Yukon.
The CHRT ruled that “Canada has racially discriminated against First Nations children by underfunding child and family services (under Directive 20-1) delivered by Delegated Aboriginal Agencies and making it difficult to impossible for agencies to deliver culturally appropriate services that meet provincial child welfare standards.”
The court issued an order that $23 billion be made available for compensation. In addition, another $20 billion would be provided to reform the child welfare system.
Blackstock stepped in and pointed out the shortcomings of the proposal, including the fact that not all victims of the system would be available for compensation. After some further negotiation, the amount was raised to $47.8 billion which the AFN accepted.
Blackstock, on the other hand, felt the amount should be more, but her voice was ignored, and her presence appears to have been unwelcome.
These negotiations have been a sore point for some time now. Before the June assembly, regional chiefs from Saskatchewan, British Columbia and Quebec-Labrador sent a letter to the national chief stating that the organization is not being transparent in its negotiations for a final settlement agreement with Canada on First Nations child and family services.
The regional chiefs said the assembly has refused to call meetings on the negotiations since February, and it has imposed terms of reference that interfere with an independent expert advisory committee responsible for developing and implementing a work plan to reform Indigenous Services Canada.
The reaction of the AFN is to hold a series of regional meetings with a National Assembly to be held later in the fall.
The problem is that with all the negotiations taking place in secret and little or no communication at this point, the chiefs fear that they will be given a take-it-or-leave-it deal with no wiggle room to negotiate. This has been the approach taken by the colonial office for years.
Annual funding agreements and other government revenue are not negotiated; they are a take-it-or-leave-it proposition, so our chiefs are facing the same pressure from their national body.
Meanwhile, the federal government is silent, leaving it up to the AFN to defend the deal. The AFN is rapidly becoming the new colonial office as our leaders ague with each other and Canada is let off the hook.
Doug Cuthand is the Indigenous affairs columnist for the Saskatoon StarPhoenix and the Regina Leader-Post. He is a member of the Little Pine First Nation.
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