Assembly of First Nations (AFN) Bulletin – Amendments to Draft Agreement on Long-Term Reform of First Nations Child and Family Services

Summary:

On July 11, 2024, the Assembly of First Nations (AFN), along with Chiefs of Ontario (COO), Nishnawbe Aski Nation (NAN) and the Government of Canada announced a $47.8 billion Draft Agreement on Long-Term Reform of First Nations Child and Family Services (FNCFS) Program.
Through a series of national and regional engagements conducted across various provinces and territories, the AFN discussed the details of the Draft Agreement and gathered feedback from Chiefs, proxies, and other participants.
Based on the feedback, a list of proposed amendments was provided by the AFN to the negotiating Parties (COO, NAN, and the Government of Canada) for consideration.
An amended Draft Agreement and updated Terms and Conditions are now available.

On October 9, 2024, the Assembly of First Nations (AFN) posted an amended Draft Agreement on the Long-Term Reform to the First Nations Child and Family Services (FNCFS) Program. The amended agreement provides essential improvements to the original text negotiated with the Chiefs of Ontario (COO), Nishnawbe Aski Nation (NAN), and the Government of Canada. The proposed $47.8 billion in federal investments in the FNCFS Program will provide flexible, sustainable, and long-term resources that put control of child and family services back in the hands of First Nations.

From July to October 2024, the AFN conducted a series of national and regional engagement sessions. These sessions allowed First Nations—including Chiefs, proxies, elders, knowledge keepers, youth, individuals with lived experience in care, technicians, parents, and other experts—to learn about the Draft Agreement, discuss proposed reforms, and provide meaningful feedback. Many participants strongly supported the allocated $47.8 billion, recognizing it as a significant advancement toward substantial change. However, important concerns were raised, including the need for better regional representation and clearer definitions within the Draft Agreement.

The AFN has listened to the Chiefs’ perspectives, recommendations, and concerns regarding the Draft Agreement. The AFN used this feedback to propose amendments and revisions to the Draft Agreement and its implementation process, which were brought to the negotiating Parties. The Parties have carefully considered these recommendations and have agreed upon the following amendments:

1. One seat on the Reform Implementation Committee (RIC) for each of the regions, one for the Northern Assembly of Remote Communities, and a reduction in the number of seats for the negotiating Parties to one each. This amendment ensures that the RIC will reflect a mix of First Nations leadership and technicians, emphasizing regional stewardship over implementation of the Draft Agreement.
2. Revision of the First Nations definition to ensure clear separation of First Nations as governments from First Nations Service Providers, which encompasses FNCFS Agencies. The distinction has been clarified throughout the Draft Agreement.
3. Revision of the First Nations Service Provider definition to exclude First Nations, to again, mark the distinction between Agencies and First Nations governments.
4. Clarity that transfers of funding between Agencies and First Nations will only be subject to notification of such transfer to ISC, and that the funding envelope will remain flexible, for First Nations and Agencies, who will each have the ability to transfer funds unilaterally between different elements of the program without restriction, with a single limitation preventing Agencies from transferring prevention money to protection.
5. Clarification that Canada will consider statutory funding post-year 10 of the Agreement.
6. Clarity that the priority is for the President, appointed by an order in council, is to be both First Nations and an individual with judicial experience.
7. A clause reflecting that First Nations assuming services under the Reformed FNCFS Program will not be liable for any actions with preceded their assuming service delivery.
8. The insertion of the language on allocation of post-majority funding (1.8 billion over 10 years), to reflect how the funding will be provided to First Nations.
9. The insertion of the language on the administration of the capital commitment under the Reformed FNCFS Program (2.9 billion over 10 years).
10. The insertion of the Terms and Conditions (appendix 10).

We are pleased to report that there was consensus on all proposed amendments. Additionally, the AFN will continue to advocate for bilingualism in the context of adjudication under the Dispute Resolution Tribunal and for population data to properly reflect those served within First Nations, including supporting efforts outside the context of the Draft Agreement aimed at addressing the discrimination endured by those living off-reserve.

An updated Terms and Conditions and an amended Draft Agreement, in addition to a summary of the accepted Amendments, are now available for review. Please find the materials below:

These materials are also available on the AFN website, alongside key materials and information for the Special Chiefs Assembly on Long-Term Reform of the First Nations Child and Family Services (FNCFS) Program, taking place October 16-18, 2024, at the BMO Centre in Treaty No. 7 Territory in Calgary, Alberta.

For more information, please contact [email protected]. For media inquiries, please contact Genna Benson, Director of Communications, at [email protected].