First Nations vote down resolution to endorse $47.8B child welfare reform offer

First Nations chiefs and proxies from across Canada voted down a resolution to fully accept a settlement agreement on long-term reform of First Nations child and family services.

The Assembly of First Nations (AFN) is hosting a special three-day meeting in Calgary, in a bid to secure national support for the $47.8 billion agreement reached with Canada in July. 

Following two days of hearing varying perspectives on the proposed deal, chiefs held a lengthy debate on a resolution titled "Our Children, Our Future — Draft Agreement on reforming the First Nations Child and Family Services Program."

It called to fully support and approve the final settlement agreement (FSA), and to support the AFN in seeking an order from the Canadian Human Rights Tribunal confirming that it fully satisfies its orders.

When the resolution was defeated, the room erupted in applause, with 267 chiefs and proxies voting in opposition. There were 147 votes in favour, with one abstention.

Khelsilem, spokesperson for the Squamish Nation in B.C., was among many leaders to speak against the resolution.

"I'm here to ask the chiefs and proxies who are undecided, who are unsure, to vote down this resolution. No amendments to this resolution will clean up the fact that the first line in the resolution calls for the approval of the amended FSA," said Khelsilem, referring to the final settlement agreement.

"We need to say no to this version of the FSA. The reason why is because there are so many flaws with the FSA. we've heard that over the last few days."

The chiefs were facing competing resolutions to endorse the reform deal or to reject it until changes are made. A separate resolution to delay the decision for 90 days was withdrawn and elements were incorporated into other amended resolutions.

Vote follows 2 days of discussion

The vote comes after chiefs heard two days of varying perspectives on a proposed settlement agreement.

"This is your agreement to consider and I will take whatever direction you give me," National Chief Cindy Woodhouse Nepinak told the chiefs in attendance.

"But I do say, let's try and come together and find a common way through this because it's too much money to just wipe off the table and leave to the courts."

The agreement aims to reform more than three decades of discriminatory Canadian child welfare policies which led to more First Nations children being taken into government custody than at the height of the residential school system. 

The offer stems from a class-action lawsuit and a 2016 ruling from the Canadian Human Rights Tribunal that found Canada engaged in wilful and reckless discrimination against First Nations children and families on reserve and in Yukon by failing to provide them with the same level of child and family services provided elsewhere.

Following a two-hour debate about amending the agenda for the day, the chiefs in attendance heard from the representative plaintiffs in the class action on the impacts of the discrimination on child and family services.

"There's a choice that you guys have to make today and I hope that you take into consideration the representative plaintiffs stories and our lived experience and put this to an end because each one of us are going through our struggles every day," said Melissa Walterson, one of six representative plaintiffs in the class action.

Ashley Bach, another plaintiff, said she hopes an agreement will come out of the assembly this week.

"Despite those colonial systems working against us, a once in a lifetime agreement has been reached," said Bach.

"This agreement is a once in a lifetime childhood agreement because if we take too long, we're going to lose another generation. If we wait years and years for a perfect settlement agreement they won't be kids anymore and they'll be like me."

The assembly also heard from a panel of experts working in child welfare. Richard Gray, social services manager with First Nations of Quebec and Labrador Health and Social Services Commission, said Quebec First Nations are not supporting the settlement agreement for many reasons.

"I heard leadership say they're the ones on the front lines taking care of their communities ... but I think moving forward chiefs have to have a voice in the final settlement agreement and it's not there in this version," said Gray.

"The signing parties are there for the next 10 years. They are the guardians of this agreement, not you."

Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, addressed the assembly for the second time Thursday, receiving a standing ovation following her presentation. The Caring Society initiated the complaint to the human rights tribunal along with AFN in 2007, yet the society didn't sign the reform agreement.

"We want to acknowledge that there are some strengths in the agreement … but we also feel like there are structural weaknesses," she said.

"We have been at this human rights case for 18 years. Are we going to agree to a deal that's nine years and keep our fingers crossed after that?"

Jennifer Kozelj, press secretary for Indigenous Services Minister Patty Hajdu, said in an emailed statement, that although "no amount of compensation will make up for the harm caused, this is one step forward to addressing harms that were inflicted on communities and families."

"Now, we are taking the next steps to reform the system to ensure this harm never happens again," said the statement.

"Canada has been and will continue to be at the table. If approved, this agreement will lead to transformational change and will provide First Nation children with a fair chance to succeed."

The assembly will continue to debate remaining resolutions on Friday.