Assembly of First Nations (AFN) Bulletin – Update on Canada's Mandate on Long-Term Reform of First Nations Child and Family Services

Summary:

• Canada has informed the AFN that Canada's mandate does not permit further national-level negotiations of the First Nations Child and Family Services (FNCFS) long-term reform.

• Canada intends to proceed with negotiations with Chiefs of Ontario (COO) and Nishnawbe Aski Nation (NAN), whose assemblies supported the Draft Agreement. These discussions will focus on an Ontario-specific agreement based on the Draft Agreement's terms.

• Without Canada's willingness to negotiate nationally, the next option for pursuing long-term reform may be litigation.
• The next steps will be guided by discussions with the AFN Executive Committee, as informed by Chiefs from their regions, to determine how best to support First Nations children and families under these new developments.

Following the October 2024 Special Chiefs Assembly, where the Chiefs-in-Assembly rejected the Draft Agreement on proposed reforms to the First Nations Child and Family Services Program, the Assembly of First Nations (AFN) has repeatedly called on Canada to seek a new mandate for continued negotiations of long-term reform, in accordance with Resolutions #60/2024, Addressing Long-Term Reform of the First Nations Child and Family Services Program and Jordan's Principle, and #61/2024, Meaningful Consultation on Long-Term Reform of First Nations Child and Family Services.

In a letter dated January 6, 2025, from Legal Counsel for the Department of Justice, the AFN was informed that Canada's mandate does not permit further national-level negotiations on the reform of the FNCFS Program. Instead, Canada advised it will negotiate an Ontario regional specific agreement with COO and NAN, whose assemblies supported the Draft Agreement. These Ontario-specific discussions will be based on the terms of the existing Draft Agreement.

Without Canada's willingness to negotiate nationally, the next option for pursuing long-term reform may be litigation. The next steps will be guided by discussions with the AFN Executive Committee to determine how best to support First Nations children and families under these new developments.

For media inquiries, please contact Kelly Reid, Senior Communications Officer, at kreid@afn.ca.

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