OTTAWA - The office of Indigenous Services Minister Mandy Gull-Masty is currently reviewing a Canadian Human Rights Tribunal order. This order requires parties involved in a long-standing First Nations child welfare case to resume negotiations aimed at reforming the system after a prolonged deadlock.
The tribunal's order comes nearly nine years after it determined that the federal government discriminated against First Nations children. This conclusion stemmed from a joint human rights complaint filed in 2007 by the Assembly of First Nations and the Caring Society. The tribunal found that the federal government’s underfunding of the on-reserve child welfare system resulted in fewer services for children living on reserves compared to those living off-reserve.
As part of its ruling, the tribunal directed Canada to negotiate an agreement with First Nations to reform the child welfare system and to provide compensation to children who were removed from their families and placed in foster care. However, efforts to reach an agreement have faced numerous obstacles over the years. A proposed $47.8 billion settlement was rejected twice by First Nations last year. Additionally, in May, Ottawa informed the tribunal that the demands being placed on it were “unreasonable.”
In an order published on August 20, the tribunal emphasized that the ongoing impasse must come to an end and mandated that Ottawa and First Nations resume discussions. A spokesperson for Gull-Masty stated that she will review the tribunal's order in the coming days. The spokesperson also noted that Ottawa is committed to achieving the “best possible deal” for First Nations children.
“This file is critical, and one that we must continue to push forward, together. If that means returning to the negotiating table, then we must comply to ensure a better future for our children,” said Livi McElrea, the spokesperson.