Long-Term Reform of the First Nations Child and Family Services

On August 20, 2025, the Canadian Human Rights Tribunal (Tribunal) issued 2025 CHRT 80, ordering Canada, along with the co-complainants in First Nations Child and Family Caring Society of Canada et al. v. Attorney General of Canada, to move forward on national First Nations Child and Family Services (FNCFS) long-term reform without further delay. The order requires the parties to submit their remedies for national long-term reform, created either separately or together, by December 2025. This shall happen concurrently and separately from the Ontario Agreement (OA).

 

Considering Canada's refusal to continue negotiations since the First Nations-in-Assembly have voted against the proposed Final Settlement Agreement in August 2024, the Caring Society and the AFN have agreed to work together to create a plan for long-term reform of the FNCFS Program. The Caring Society and the National Children's Chiefs Commission (NCCC) whom are mandated by the AFN to lead the FNCFS reform, have been working collaborating to support community engagement and gather regional input through tool such as an engagement guide, targeting discussion themes and proposing questions to encourage feedback. 

 

This process is being carried out independently of Canada and is focused on fulfilling the Tribunal's order to permanently end discrimination in FNCFS. It is important to note that Canada has filed for judicial review of 2025 CHRT 80, which the Caring Society opposes vigorously. 

 

Timeline for Engagement :

  • October 1, 2025: Release engagement materials in French and English
  • October 1, 2025, to November 14, 2025: Regional feedback sessions with leadership, experts and rights holders
  • November 14 to 28, 2025: Collect and consolidate regional feedback, draft National plan and remedies
  • November 28, 2025 to December 5, 2025: Review and validation of National plan and remedies with Leadership, Experts and Rights Holders
  • December 5 to 20, 2025: Finalize the National Plan and Remedies
  • December 20, 2025: Submit the National Plan to 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. 

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
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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.

Related Resources

Long-Term Reform of the FNCFS Program Resources