Minister of Indigenous Services Mandy Gull-Masty speaks on Parliament Hill in Ottawa on May 8.Spencer Colby/The Canadian Press
First Nations in Ontario are expected to start receiving funds at the end of May from a $8.5-billion agreement with the federal government to support them as they reclaim their child welfare systems, but some chiefs are concerned there could be a delay as Ottawa requested a judicial review of part of the settlement last week.
The Ontario Final Agreement takes effect on May 29, with $8.5-billion slated to flow over the next nine years. And it could set a precedent as other regions in the country aim to reach agreements by this fall.
The agreement is the result of years of negotiations between Indigenous Services Canada, the Assembly of First Nations, Chiefs of Ontario, representing 133 First Nations, and Nishnawbe Aski Nation, which represents 49 mostly remote communities in Northern Ontario.
The Canadian Human Rights Tribunal approved the agreement in March, noting that two of the 133 First Nations would need separate agreements because they objected to the OFA. The federal government asked for a judicial review of that point.
The OFA is based on the national agreement that was negotiated and ultimately rejected by the Assembly of First Nations in 2024. The feds committed $47.8-billion for First Nations across the country to reform their child welfare systems, following an order by the CHRT in 2016 to stop its discrimination against First Nations children and families through underfunded services.
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“Long-term reform of First Nations Child and Family Services means fewer children taken from their families, stronger communities, and systems designed and led by First Nations themselves. This work will change lives – not just for this generation, but for generations to come,” Minister of Indigenous Services Mandy Gull-Masty said in a December press release.
Ontario First Nations leaders welcomed the tribunal’s approval of the agreement. However, they are concerned that the government’s request for a judicial review could hold things up.
Ontario Regional Chief Abram Benedict called the litigious step an unfortunate setback that could delay the implementation of the agreement, and called on Canada to “uphold this crucial commitment.”
“We will continue to navigate these challenges and hold the Minister accountable to ensure the OFA is implemented for the benefit of our children and families,” Ontario Regional Chief Abram Benedict said in a joint statement with Nishnawbe Aski Nation Grand Chief Alvin Fiddler at the beginning of the month.
Ms. Gull-Masty told media last week that the court filing will not delay the agreement’s start date of May 29.
“This is going to be something that is historic for First Nations. I really want to give them the limelight and give them the opportunity to speak to that,” Minister Mandy Gull-Masty said last week about the unprecedented agreement.
The minister said its request is for a “narrow” judicial review specific to an order by the CHRT that exempts two First Nations from the OFA.
“I’m seeking a comprehensive agreement, that would be my goal, but a comprehensive agreement that reflects the realities of what these communities are looking for,” Ms. Gull-Masty said.
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In its expedited summary decision at the end of March, the CHRT said Georgina Island First Nation shouldn’t be included in the agreement because of its unique remoteness that requires reliable operation of the community’s year-round ferry and ice breaker.
The tribunal also said the Taykwa Tagamou Nation is looking for its own agreement with Canada, having already developed and enacted its own child wellbeing law.
The Globe reached out to both communities, but they were not available to comment.
The tribunal said in its decision that Canada has 90 days from the OFA’s effective date to consult, establish and implement interim solutions for the two communities, pending longer-term solutions.
Ms. Gull-Masty says the litigation is a tool to “access information” lacking in the summary decision that was released “without final interpretation of OFA and tribunals orders and reasons in place.”
In the federal government’s court application it said the exemption order is unreasonable because the tribunal didn’t properly weigh evidence and submissions in previous hearings. Canada also alleges the tribunal misinterpreted its statutory authority under the Canadian Human Rights Act and “unreasonably exercised its jurisdiction.”
The First Nations Family Caring Society, an advocacy organization for the safety and well-being of First Nations children and youth, first launched the discrimination case against Canada for underfunding child welfare services on reserves in 2006. The tribunal eventually ordered Canada to reform its First Nations Child and Family Services Program and the 1965 welfare agreement in Ontario.
The Caring Society, Assembly of First Nations, Chiefs of Ontario (COO), and Nishnawbe Aski Nation (NAN) negotiated a national agreement with Canada, which was ultimately voted down by the majority of AFN chiefs in October, 2024.
The COO and NAN then pushed ahead for their own agreement with Canada.
Ms. Gull-Masty said negotiations are under way in other regions, including “extensive work” in Alberta and discussions in Manitoba, Quebec and Atlantic region.