Our Work Advocacy grounded in First Nations determination and jurisdiction over child, family, and community well-being.
The AFN is mandated by First Nations-in-Assembly to advance First Nations control and jurisdiction over social development programs and services as the foundation for the well-being of First Nations children, families, and communities. The AFN is at the forefront of advocating for the long-term reform of key programs that promote First Nations social development, including the First Nations Child and Family Services Program, Jordan’s Principle, the On-Reserve Income Assistance Program, Poverty Reduction, Social Programs, and Early Learning and Child Care.
In 2021, First Nations children made up 42.5% of foster children in Canada, despite comprising only 4.7% of the child population aged 14 and under.
First Nations children are disproportionately more likely to be the subject of investigations, recipients of ongoing services, and transferred to out of home care.
First Nations experience poverty at a higher rate than non-Indigenous people in Canada.
Over half (53%) of First Nations children on-reserve live in poverty—roughly three (3) times the national rate.
From July 2016 to August 2024, Jordan’s Principle approved over 7.6 million products, services, and supports for First Nations children.
The AFN advocates for the full and proper implementation of Jordan's Principle to ensure that First Nations children face no gaps, delays or denials in accessing the services and supports they need.
Children who access regular child care in a First Nations-specific setting exceed developmental milestones.
However, fewer than one quarter of First Nations children access regular child care.
Initiatives & Priorities Advocating for meaningful policy change for First Nations children, families and communities.
First Nations Child and Family Services (FNCFS) Program
The First Nations Child and Family Services (FNCFS) Program provides services for First Nations children and families on-reserve and in the Yukon. First Nations children and families are disproportionately involved in child and family services, with First Nations children representing over 42% of children in foster care. The AFN advocates for the rights, needs, and priorities of First Nations children involved with FNCFS and for meaningful policy change to reduce the number of First Nations children in care, including increased investments, funding reform, and program reform.
In 2007, the AFN filed a complaint at the Canadian Human Rights Tribunal (CHRT) for Canada’s discrimination against First Nations children and families involved in the First Nations Child and Family Services (FNCFS) Program and Jordan’s Principle. In a historic decision in 2016, the CHRT found that Canada was discriminating against First Nations children and families and ordered Canada to completely overhaul the FNCFS Program and properly implement Jordan’s Principle. In 2020, the AFN filed a class action lawsuit seeking compensation and long-term reform of the FNCFS Program and Jordan’s Principle. On December 31, 2021, the AFN, Canada and other Parties signed an Agreement-in-Principle outlining a framework toward reaching a settlement to end discrimination in the FNCFS Program and Jordan’s Principle.
Based on direction from First Nations leadership in AFN Resolutions 40/2022 and 86/2023, To Ensure Quality of Life to the First Nations Child and Family Services Program and Jordan’s Principle, the AFN was mandated to negotiate an agreement on the long term reform of the FNCFS program and seek approval from the First Nations-in-Assembly.
On July 11, 2024, the AFN, along with the Parties, including Chiefs of Ontario (COO), Nishnawbe Aski Nation (NAN) and the Government of Canada announced a Draft Agreement on Long-Term Reform of the FNCFS Program. The Draft Agreement, developed through years of dedicated effort and collaboration by First Nations Parties and experts, aims to end discrimination as mandated by the CHRT and uphold the rights of First Nations children, families, and communities.
The Draft Agreement provided $47.8 billion for the suite of reforms over ten years. The investments outlined in the Draft Agreement would fund the proposed measures that will support First Nations as sovereign rights-holders to administer or direct child and family services programming, as they determine for themselves. Through the Draft Agreement, stable, predictable and flexible funding over a longer period of time would support a reformed program, including additional investments for prevention, least disruptive measures, First Nations representative services, post-majority support services, operations, protection, maintenance and care, and capital. Two thirds of the investments in the Draft Agreement would flow directly to First Nations allowing them to build resources to deliver services and programming. Learn more about the Draft Agreement here.
On October 9, 2024, the AFN released the amended Draft Agreement on the Long-Term Reform of the FNCFS Program. The amended Draft Agreement provides essential improvements to the original text negotiated with COO, NAN, and the Government of Canada. These amendments stemmed from extensive regional engagements, virtual information and dialogue sessions, and input received from First Nations and organizations. View and download the below materials for information on the engagements:
- Amendments to Draft Agreement on Long-Term Reform of First Nations Child and Family Services
- Draft Regional Engagements Summary
- National Chief Newsletter – National and Regional Engagements
- Virtual Information Sessions on Long-Term Reform of the FNCFS Program
- Virtual Information and Dialogue Session on Long-Term Reform of the FNCFS Program
On October 16-18, 2024, the AFN held a Special Chiefs Assembly on Long-Term Reform of the FNCFS Program in Treaty No. 7 Territory in Calgary, Alberta, focused on discussions and decision-making regarding the Draft Agreement related to the long-term reform of the FNCFS Program.
During the assembly, the First Nations-in-Assembly passed two (2) resolutions relating to Long-Term Reform of the FNCFS Program:
- AFN Resolution #60/2024, Addressing Long-Term Reform of the First Nations Child and Family Services Program and Jordan’s Principle
- AFN Resolution #61/2024, Meaningful Consultation on Long-Term Reform of First Nations Child and Family Services
These resolutions instruct the AFN to reject the Draft Agreement and re-negotiate a new agreement. The resolutions outline new governance and negotiation processes and provide direction to the AFN on revisions required to the Draft Agreement.
The AFN will continue to follow mandates received from the First Nations-in-Assembly. The AFN is committed to ensuring that any future agreement will align with the needs and interests of First Nations children and families, and that services will be provided to First Nations children and families when and where they require them. The AFN will continue to advocate for shifting control of federal programs to First Nations to manage their own institutions and work to ensure an end to discrimination that has adversely impacted too many of our children and families.
Resources and Materials
Amendments to the Draft Agreement:
- Amended Draft Agreement on Long-Term Reform of FNCFS
- Assembly of First Nations (AFN) Bulletin – Amendments to Draft Agreement on Long-Term Reform of First Nations Child and Family Services
- Summary Chart of Amendments to the Draft Agreement on Long-Term Reform of the First Nations Child and Family Services (FNCFS) Program
- Terms and Conditions – Draft Agreement on Long-Term Reform of FNCFS
Fact Sheets:
- Fact Sheet – Defining Baseline Funding and its Components
- Fact Sheet – Overview of First Nation Representative Services
- Fact Sheet – Exploring Post-majority Support Services
- Fact Sheet – Understanding Primary, Secondary, and Tertiary Prevention
- Fact Sheet – Alternative Dispute Resolution
- AFN FNCFS Fact Sheet – ENG
Additional Resources:
- Draft Agreement on Long-Term Reform of the First Nations Child and Family Services Program – Information Booklet
- Estimated Regional Funding Allocations for 2025-2029
- Draft AFN Regional Engagement Summary
- National Chief Newsletter on Regional & National Engagements on Draft Agreement
- Making Change Happen: A History for First Nations Children and Families Timeline
An Act respecting First Nations, Inuit and Métis children, youth and families
In 2019, Bill C-92: An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) received Royal Assent, and came into force on January 1, 2020. The Act affirms the rights of First Nations and Indigenous Governing Bodies to enact their own child and family services laws, recognizing the jurisdiction and inherent rights of First Nations to care for their children and families. The AFN advocates for the full and proper implementation of the Act and provides advice through the Chiefs Committee on Child and Family Services and Self-Determination on its implementation.
The Government of Quebec challenged the constitutionality of the Act, launching a constitutional reference at the Quebec Court of Appeal which was heard in September 2021. On February 9, 2024, the Supreme Court of Canada (SCC) released its decision regarding the constitutionality of An Act Respecting First Nations, Inuit and Métis Children, Youth, and Families. The SCC held that the Act in whole is constitutional, including two provisions relating to federal force of law and paramountcy that the Quebec Court of Appeal previously found unconstitutional. The SCC endorsed the creativity of the co-drafted legislation as a viable alternative to affirm the Inherent Right of First Nations and other distinctions-based rights-holders, noting that constitutional amendments and Treaty settlements are slow and uncertain processes. The SCC was clear that Parliament was well within its constitutional purview to affirm Indigenous Peoples’ right to self-government and jurisdiction over child and family services were rights protected by virtue of s. 35 of the Constitution Act, 1982.
This is a landmark ruling. The SCC acknowledged that Canada’s constitutional framework allows for various pathways for First Nations’ Inherent Rights to be recognized. For far too long, provinces and territories have held up or obstructed this recognition, as seen in past constitutional discussions during Meech Lake and the Charlottetown Accord. First Nations will no longer be hindered by unwilling provincial partners in the exercise of their Inherent rights, laws, and jurisdiction.
In 2021, the AFN hosted a series of virtual gatherings to provide information and resources to First Nations leadership about the Act and its implementation. To learn more, including access resources and videos by presenters, visit Virtual Leadership Gathering on First Nations Child and Family Services and Self-Determination.
Jordan's Principle
Jordan’s Principle is named in honour of Jordan River Anderson, a First Nations child from Norway House Cree Nation in Manitoba, born with complex medical needs. Jordan could have received home-based care, but because the governments of Canada and Manitoba could not agree on who would pay for his care, Jordan spent his entire life in hospital where he passed at age five in 2005. Jordan’s Principle ensures First Nations children have access to the supports they need to thrive, regardless of where they live, without denial, delay, or disruption. Between July 2016 to August 2024, Jordan’s Principle approved over 7.6 million products, services, and supports for First Nations children.
In 2007, the Assembly of First Nations (AFN) and the First Nations Child and Family Caring Society filed a complaint at the Canadian Human Rights Tribunal (CHRT), alleging discrimination against First Nations children and families in the delivery and underfunding of the First Nations Child and Family Services (FNCFS) Program and Jordan’s Principle. In January 2016, the CHRT found that the Government of Canada was discriminating against First Nations children on-reserve and in the Yukon, and ordered the government to immediately reform the FNCFS Program and properly implement Jordan’s Principle to meet the needs of First Nations children and ensure their best interests are protected.
The AFN advocates for First Nations children to receive the products, services, and supports they need to thrive, without delay, denial, or disruption, and for First Nations to determine and advance their priorities for implementing Jordan’s Principle. In December 2023, the First Nations Child and Family Caring Society filed a motion at the CHRT outlining Canada’s continued non-compliance with the orders of the CHRT regarding Jordan’s Principle. In particular, they pointed to issues of non-compliance with the CHRT-ordered timeframes for determining requests, delays in issuing payments to individuals and service providers, and mishandling of urgent requests that risk harm to First Nations children. The AFN has intervened in the non-compliance proceedings and will continue to advocate for Jordan’s Principle to be properly implemented in accordance with the CHRT’s orders.
Please note: the AFN does not administer Jordan’s Principle. To learn more about Jordan’s Principle and to submit a request, please visit Indigenous Services Canada’s website on Jordan’s Principle.
Income Assistance, Social Programs & Poverty Reduction
The AFN advocates for greater First Nations control and determination over the programs serving their citizens, including the On-Reserve Income Assistance (IA) Program, social programs such as Assisted Living (AL), Urban Programming for Indigenous Peoples (UPIP), Family Violence Prevention Program (FVPP), and poverty reduction.
The AFN is mandated to pursue reform of the IA Program, including greater First Nations control and increased resources, to ensure that the IA Program is meeting the needs of First Nations IA clients, including immediate and ongoing relief measures related to the COVID-19 pandemic, the rapid rise in inflation, and the growing First Nations population. The AFN developed policy recommendations for the reform of the IA Program that address the specific needs of First Nations with disabilities, First Nations in northern and remote communities, and to address the extensive gaps in resources for First Nations to administer the IA Program. The policy recommendations were supported by the First Nations-in-Assembly by way of Resolution 07/2022, Reform of the On-Reserve Income Assistance Program. The policy recommendations informed a 2023 Memorandum to Cabinet; however, Budget 2023 and subsequent budgets have not made the required investments to implement these reforms. Learn more about the policy recommendations here.
In June 2023, Bill C-22, An Act to reduce poverty and to support the financial security of persons with disabilities by establishing the Canada disability benefit and making a consequential amendment to the Income Tax Act, received Royal Assent. This legislation establishes the Canada Disability Benefit (CDB) to support working-aged individuals with disabilities; however, the legislation does not contain provisions specific to the needs of First Nations with disabilities. Budget 2024 proposed an investment of $6.1 billion over 6 years for the CDB, which will provide up to $2,400/year for low-income persons with disabilities. Budget 2024 also proposed to invest $213.5 million over 5 years to provide income support for Indigenous people with disabilities, providing comparable supports to those offered provincially/territorially. The AFN will continue to seek opportunities to advocate for the meaningful inclusion of First Nations’ priorities and considerations in the implementation of these new benefits.
The AFN is mandated to develop a wholistic Long-term and Continuing Care (LTCC) Framework to strengthen services and supports for First Nations with additional care needs residing on-reserve. The AFN leveraged the First Nations-led engagements on the reform of the Assisted Living (AL) and the First Nations and Inuit Home and Community Care (FNIHCC) Programs to develop and submit a Storyline Policy Document, outlining action-oriented recommendations to reform the FNIHCC and AL Programs for Indigenous Services Canada (ISC) to include in an MC on the development of a wholistic LTCC Framework. The policy recommendations include; culture as the foundation for LTCC services to First Nations; wholistic care from preconception to end of life; restructuring and advancing health and wellness infrastructure in First Nations; scalable and sustainable resources including integrating both formula-based and needs-based funding mechanisms; building and supporting health and social human resources; support governance and First Nations self-determination; and create equitable access to services across Canada. The recommendations were endorsed by the AFN Executive Committee through AFN Resolution 98/2023, First Nations-created Policy Recommendations for a Wholistic LTCC Framework. Following validation, the AFN submitted the document to ISC in April 2024, to include in a Memorandum to Cabinet (MC) on the wholistic LTCC Framework for a potential Winter 2025 Cabinet date. Learn more about the policy recommendations here.
The AFN is mandated to co-develop First Nation-specific indicators of poverty with Employment and Social Development Canada (ESDC). In 2021, Institute of Fiscal Studies and Democracy (IFSD) was contracted to lead research with First Nations to develop indicators of poverty and well-being, including understanding, measuring, and addressing poverty in First Nations. The AFN will leverage the on-going conversations with ESDC to continue advocating for funding, renewed partnership and continuation of the work on First Nations poverty through implementation and/or piloting of the First Nations-specific poverty indicators to develop an evidence-based analysis to inform the development and implementation of a culturally appropriate poverty reduction strategy.
Early Learning and Child Care
The AFN advocates for enhancements to First Nations Early Learning and Child Care (ELCC) in accordance with the First Nations ELCC Policy Framework. In 2016, the First Nations-in-Assembly mandated the National Expert Working Group (NEWG) on First Nations ELCC to lead engagements to develop the First Nations ELCC Policy Framework, which outlines the vision, principles, and goals of First Nations ELCC. The Framework envisions happy and healthy First Nations children who are grounded and connected to their identity as First Nations and supported by culture and language-based programs and services determined by First Nations. The Framework was endorsed by AFN Resolution 83/2017, Support for the National First Nations Early Learning and Child Care Policy Framework, supporting it as the First Nations component of the Indigenous ELCC Framework that was released in 2018, along with a $1.02 billion investment over ten years for First Nations ELCC.
The AFN has long advocated for increased supports for First Nations ELCC programs and services, including addressing historic funding gaps. Budget 2021 proposed investing $30 billion over five years, beginning in 2021-22, and $8.3 billion ongoing in ELCC across Canada; of this, $878.53 million is dedicated to First Nations ELCC. Pursuant to AFN’s advocacy, Budget 2021 also made historic investments in First Nations ELCC infrastructure, totalling more than $250 million over three years.
Budget 2021 further proposed legislating a Canada-wide system of ELCC, which was tabled in the House of Commons in December 2022 as Bill C-35, An Act respecting early learning and child care in Canada. In 2022, the First Nations-in-Assembly passed AFN Resolution 08/2022, Early Learning and Child Care Legislation, outlining First Nations priorities for federal ELCC legislation and asserting that federal ELCC legislation must respect First Nations rights to self-determination and jurisdiction over ELCC, calling on Canada to engage directly with rights holders. In early 2023, the AFN, with input from the NEWG, prepared a submission to the Standing Committee on Human Resources, Skills and Social Development and the Status of Persons with Disabilities. The AFN’s submission expressed concerns about the lack of engagement and Free, Prior and Informed Consent from First Nations in the development of Bill C-35, pointed to the need to recognize and support First Nations jurisdiction and rights, and emphasized the importance of long-term funding for First Nations ELCC. In fall 2023, the AFN appeared as a witness to the Senate of Canada’s Standing Committee on Social Affairs, Science, and Technology to emphasize the need to recognize First Nations jurisdiction over ELCC in the legislation. Bill C-35 received Royal Assent on March 19, 2024.
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