British Columbia child welfare expert ‘dismayed’ by Ottawa, Ontario chiefs

The news that the Chiefs of Ontario (COO) and the Nishnawbe Askiy Nation (NAN) are moving forward on a child welfare settlement with the federal government does not sit well with some experts in the field .

“Nothing surprises me about Canada,” said Mary Teegee, chair of the BC Indigenous Administrators Forum with Our Children Our Way. “I was a little dismayed that they would go that route. I think again, given the way the (final settlement) agreement was written and all of its flaws, Canada was hoping that all the chiefs would sign it, no matter how flawed it was, because it It was a good deal for Canada, not for First Nations children.

On Tuesday, the COO and NAN announced they were moving forward with negotiations with Canada to reach an agreement to reform the child welfare system on reserves in Ontario. The same day, the Assembly of First Nations (AFN) received a letter from Ottawa indicating that its mandate on long-term reform of the First Nations Child and Family Services Program “does not allow for new negotiations at national level.

Teegee, who also serves on the board of directors of the First Nations Child and Family Caring Society, was part of a group of child welfare experts and leaders who helped defeat the proposed child care agreement. final settlement (EFS) proposed to the chiefs at the AFN gathering in Calgary last October. . Of the 414 chiefs who voted on the proposed $47.8 billion deal, 267 chose to renegotiate with Ottawa.

Teegee also helped draft two new resolutions, which the chiefs ultimately adopted at their December meeting in Ottawa.

“Resolutions 60 and 61 really set the right path in respecting the principles of the United Nations Declaration on the Rights of Indigenous Peoples,” she told APTN News. “It really reflects who we are as Indigenous people, which allowed the voices of our youth, our elders and our matriarchs to be involved in the negotiations, so Canada is really going against what the country’s leaders are saying.

“For me, ignoring these resolutions is reprehensible. »

In voting against the initial draft settlement agreement, the chiefs highlighted issues that needed to be resolved. Their concerns included that funding for the 10-year deal would be subject to an annual parliamentary decision and would not be binding on future governments. Another concern was that the FSA would end the Canadian Human Rights Tribunal (CHRT) important role for Canada to be responsible for First Nations children.

The FSA was created after Canada was found guilty of “reckless” and “willful” discrimination against First Nations children involved in the on-reserve child welfare system by the CHRT.

In 2019, the court ordered Canada to pay each child and guardian $40,000 each in compensation and develop a plan to end its discriminatory practices. The ruling also ordered Canada to end discrimination in its Jordan’s Principle program. These negotiations should take place in the spring. Since then, the CHRT has monitored Canada’s work on this file and issued nearly two dozen “non-compliance” orders.

Ontario leaders say political turmoil with the ruling Liberal Party is worrisome.

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On January 6, Prime Minister Justin Trudeau announced that he would resign after the election of a new leader and, in the meantime, prorogued Parliament until March 24. Opposition parties announced they would hold a vote of no confidence in the House of Commons to oust the government. government and throw the country into elections. Polls show that Conservative Leader Pierre Poilievre’s party is able to form the next government.

“I think that was something very clear that the leaders recognized during the Harper years. I also lived through the Harper years,” said Gilbert King, Chief of the Gull Bay First Nation. told APTN.

“We have seen massive cuts to First Nations programs and services. And I don’t know, I’m not sure what Pierre Poilievre will do in the future, but (based on Harper’s actions) we think that First Nations programs and services will be reduced.

Canada must return to negotiations – CHRT orders still in effect

Teegee said the court’s ruling that discrimination against First Nations children was occurring on a national scale means the remedy must be national in scope. To that end, leaders meeting in October agreed to create a National Children and Leaders Commission (CCC) to help them move forward.

“We have been at work since the day after these resolutions were adopted. Prepare the structure of the commission,” she said. “Ten regions have already chosen a committee member to supervise these negotiations. »

According to Cold Lake First Nations Chief Kelsey Jacko in Alberta, Alberta’s representative to the CAC, the commission was scheduled to meet Friday.

Teegee said there was no time to waste.

“We are saying that Canada must come back to the table. The CHRT orders are still in effect and the only way Canada can get out of them is to negotiate a fair and equitable settlement and then all parties agree that the terms will end the discrimination and the tribunal will then leave the field said Teegee. “But we would have to provide the CHRT with proof that the discrimination has ended.”

It’s not just the issue of child welfare that is at stake, according to Teegee.

“We (Caring Society) always thought that this case would set a precedent for other areas that have been really underfunded and discriminatory, like health, education and water,” Teegee said. “That’s why I feel an obligation for us to get this right.” So later, when leaders decide they have had enough of inequality, the path for how to get there will be put in place.

As for how the AFN handled child welfare negotiations, Teegee is cautious in her response.

“I find it inconceivable that you do not listen to the experts, those who do this work in the communities. There was a real divide and conquer mentality within the AFN and it is further perpetuated by this Ontario Chiefs article,” Teegee said.

“If there was ever a time to be united, this is it, and we must therefore put an end to these fabricated divisions.”

With files from Karyn Pugliese