Draft Final Settlement Agreement on the Long-Term Reform of the FNCFS Program

Learn about some of the important information contained in the draft Final Settlement Agreement, as well as the Caring Society's positions.

On July 11, 2024, Canada, the Assembly of First Nations, Chiefs of Ontario, and Nishnawbe Aski Nation signed the draft Final Settlement Agreement on the long-term reform of the First Nations Child and Family Services Program. Click to view the Draft FSA available on AFN's website.

 

In October 2024, First Nations-in-Assembly voted to reset negotiations on the Final Settlement Agreement on the long-term reform of the First Nations Child and Family Services Program. Work is ongoing to bring Canada back to the negotiation table. Part of this work has included filing a consultation motion at the Canadian Human Rights Tribunal. 

 

This page is an evolving resource, we will share new information when it becomes available. The resources on this page are available in French.

We Can Do Better: What is Next?
Implementing AFN Resolutions 60/2024 and 61/2024

“We Can Do Better” Webinar: Improving on the Draft FSA on Long-term Reform

The Caring Society and Our Children Our Way Society hosted a webinar called "“We Can Do Better” Webinar: Improving on the Draft FSA on Long-term Reform 

The Caring Society's Proposed Amendments to the Draft FSA

Read the Caring Society's proposed amendments to the draft final settlement agreement on the long-term reform of the First Nations Child and Family Services Program

reformed approach June

The Caring Society's positions on the long-term reform of the First Nations Child & Family Services Program

The Caring Society's positions on the long-term reform of the First Nations Child & Family Services Program to stop the discrimination against First Nations children, youth, and families, and prevent it from happening again. 

Intervening on Motions Before the Canadian Human Rights Tribunal

Read the Caring Society's guide for those wishing to intervene on motions filed before the Canadian Human Rights Tribunal. This guide is for information only and is not intended to be legal advice. It is strongly recommended that those interested in or those planning to seek leave to intervene before the Tribunal obtain legal advice.

review guide

Draft Final Settlement Agreement on Child and Family Services Long-term Reform Review Guide

Check out Caring Society's review guide to assist with your review of the draft Final Settlement Agreement on the Long-term Reform of the First Nations Child and Family Services Program. What are the most important elements to look for in the draft agreement and what are the key financial questions to consider?

report card

Draft Final Settlement Agreement on the Long-term Reform of the First Nations Child and Family Services Program Report Card

Read the Caring Society's Evaluation of the Key Elements of the draft Final Settlement Agreement on First Nations Child and Family Services reform.

Key Topics Reviewed:

  • Security of Funding Across Government Changes
  • Protecting Future Generations
  • Funding Levels
  • Funding Structure
  • Governance/UNDRIP
  • Alternative Dispute Resolution Processes
  • Internal First Nations Governance
  • Principles
  • Consistency with AFN Resolution 40/2022
Capital in the FSA

Capital Funding in the Draft Final Settlement Agreement on the Long-term Reform of the First Nations Child and Family Services Program

Read about how Capital Funding is contemplated in the Draft Final Settlement Agreement on the Long-term Reform of the First Nations Child and Family Services Program.

First Nations Child and Family Services Capital Funding is meant to support services and activities like needs assessments, feasibility studies, purchase and construction of capital assets, repair and renovation of existing buildings, and lifecycle costs of owned assets.

Draft FSA Dispute Resolution Process

Dispute Resolution Process in the Draft Final Settlement Agreement on the Long-term Reform of the First Nations Child and Family Services Program

Read about the key elements of the Dispute Resolution Process found in the Draft Final Settlement Agreement on the Long-term Reform of the First Nations Child and Family Services Program.

In the draft agreement, the Dispute Resolution Process has two mechanisms: (1) Disputes among the Parties (Assembly of First Nations, Chiefs of Ontario, and/or Nishnawbe Aski Nation); and (2) Claimant Disputes (FNCFS Service Providers: a First Nation, FNCFS Agency, or an entity authorized by a First Nation to deliver services and receive funding under the Reformed FNCFS Program).

FSA Myths and Realities

Myths and Realities of the Draft Final Settlement Agreement on the Long-term Reform of the First Nations Child and Family Services

Learn about the Myths and Realities of the Draft Final Settlement Agreement on the Long-term Reform of the First Nations Child and Family Services.

  • What happens if the draft agreement is voted down?
  • Does the draft final settlement agreement provide safeguards to help ensure that Canada does not discriminate against First Nations children?
  • What happens when the draft final settlement agreement expires after 10 years?
FSA Governance

Governance of the Reformed First Nations Child and Family Services Program per the Draft Final Settlement Agreement

A detailed breakdown of the mandate, membership, responsibilities, reporting and funding found in the Draft Final Settlement Agreement on the Long-term Reform of the First Nations Child and Family Services Program.

Under the draft agreement, the Reform Implementation Committee will be established to oversee and monitor the Reformed First Nations Child and Family Services Program. Membership consists of 3 members appointed by each of the Parties (Assembly of First Nations, Nishnawbe Aski Nation,Chiefs of Ontario, Canada). The draft final settlement agreement establishes the following committees that provide input to the Reform Implementation Committee:

  • Technical Advisory Committee
  • Systemic Review Committee
  • Expert Advisory Committee
  • Nishnawbe Aski Nation-Canada Remoteness Quotient Table
  • National Assembly of Remote Communities -Canada Remoteness Table
  • National Secretariat 
Letting canada off the hook

Letting Canada off the Hook?

Read the Caring Society's Evidence-Based Analysis of the Alternative Dispute Resolution (ADR) Provisions in the Draft Final Settlement Agreement on the Long-term Reform of the First Nations Child and Family Services Program

The ADR process must offer First Nations parties and claimants at least the same level of protection as the human rights regime so as not to treat them as second-class rights bearer as they have been in the past. Canada must not be allowed to "contract out" of human rights in the agreement.

 

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Background

On February 23, 2007, the Assembly of First Nations and the First Nations Child and Family Caring Society of Canada took the historic step of holding Canada accountable before the Canadian Human Rights Commission for its current treatment of First Nations children. The complaint alleges that the Government of Canada had a longstanding pattern of providing less government funding for child welfare services to First Nations children on reserves than is provided to non-Indigenous children.

On January 26, 2016, the Canadian Human Rights Tribunal found that Canada discriminates against First Nations children in its provision of the First Nations Child and Family Services Program and by failing to implement Jordan's Principle. The Tribunal ruling was a victory not only for First Nations kids, but for all people in Canada who believe in love and fairness.

Visit the Tribunal Timeline and Documents for the latest on the case.

In 2021, the Assembly of First Nations, the Caring Society, Chiefs of Ontario, Nishnawbe-Aski Nation, and the Government of Canada signed an Agreement in Principle setting out a framework for a Final Settlement Agreement to end Canada’s discriminatory conduct and prevent its recurrence. In December 2023, the Caring Society stepped out of the Agreement in Principle process to bring a non-compliance order against Canada due to the serious, life-altering, and threatening consequences for First Nations children, youth, and families arising from failed implementation by Canada of the Tribunal’s orders on Jordan’s Principle.

On July 11, 2024, the Assembly of First Nations, Chiefs of Ontario, Nishnawbe Aski Nation, and the Government of Canada signed a draft Final Settlement Agreement on the Long-term Reform of the First Nations Child and Family Services Program. The draft agreement is subject to approval by First Nations-in-Assembly and the Canadian Human Rights Tribunal.