Tribunal Directs Canada to Restart Negotiations on Child Welfare

OTTAWA – The Canadian Human Rights Tribunal has issued a directive mandating that parties involved in a prolonged child welfare dispute engage in negotiations to reform the system, aiming to prevent further discrimination against First Nations children by the federal government. This order follows a decade-long case rooted in a ruling that found Ottawa had discriminated against First Nations by underfunding on-reserve child welfare services.

The tribunal’s ruling, published on August 20, 2025, comes nine years after it concluded that First Nations children were receiving fewer services than their non-Indigenous counterparts due to federal underfunding. The initial complaint was filed in 2007 by the Assembly of First Nations and the Caring Society, highlighting systemic inequalities that have persisted within the child welfare system.

Background and Recent Developments

In its previous ruling, the tribunal ordered Canada to reach an agreement with First Nations to reform the child welfare system and to provide compensation to children who had been removed from their families and placed in foster care. Despite this, negotiations have faced significant obstacles over the past nine years, leading to the rejection of a proposed $47.8 billion settlement deal by First Nations leaders last year.

In May 2025, Ottawa informed the tribunal that the demands being placed upon it were “unreasonable,” prompting the tribunal’s latest intervention. In its order, the tribunal stated that the impasse could not continue and emphasized that Canada must take action. “Canada was ordered to complete long-term reform. Canada can agree to negotiate or not; however, one thing that Canada cannot do is simply wait and let time go by,” the tribunal asserted.

If Ottawa declines to resume negotiations, the tribunal has authorized the Assembly of First Nations, the Caring Society, and the newly formed National Children’s Chiefs’ Commission to present their own evidence-based reform plan. This plan must address the systemic issues within the child welfare system and propose solutions to end the discrimination against First Nations children.

Reactions and Future Implications

Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, responded positively to the tribunal’s decision. She stated, “(Ottawa) can bring themselves back into alignment with the tribunal’s orders and save Canadians’ money and do the right thing for kids. All they have to do is make that decision.” Blackstock cautioned that failure to act could lead to significant financial, legal, and moral repercussions for the government.

Blackstock has previously criticized Ottawa for prioritizing a separate deal with First Nations in Ontario, which is still pending approval. The tribunal ruled that this Ontario agreement should not serve as a template for discussions with First Nations across the country. It further specified that any proposed reforms must be sustainable, culturally appropriate, and compliant with the United Nations Declaration on the Rights of Indigenous Peoples.

The tribunal’s order underscores the importance of good faith negotiations aimed at eradicating discrimination and establishing a fair and equitable child welfare system for First Nations children. The Canadian Press has reached out to the office of Indigenous Services Minister Mandy Gull-Masty for a response but has yet to receive a statement.

This ongoing case remains a pivotal issue in Canada’s efforts to rectify historical injustices faced by Indigenous communities and ensure the well-being of First Nations children across the country.