The Canadian Human Rights Tribunal is ordering Canada back to the negotiating table on the long-term reform of the child welfare system.

Talks have been at an impasse since the Assembly of First Nations’ (AFN) Chiefs in Assembly rejected an offer of $47.8B from Canada in October 2024.

In February, First Nations in Ontario and the federal government reached an $8.5B agreement on child welfare reform in that province, but Canada has refused to consult with other interested parties like the National Children’s Chiefs Commission (NCCC), the AFN and the First Nations Child and Family Caring Society (Caring Society).

Talks have been at a standstill for nearly year, but in a ruling dated  Aug. 20 the Tribunal declared it is time for “swift action.”

Canada has been urging the CHRT to approve the deal it reached with the Chiefs of Ontario and Nishnawbe Aski Nation in February. The federal government believes that deal could inform negotiations on a national level.

However, the Tribunal disagrees and in its Wednesday ruling directs the feds to proceed on both the Ontario agreement and national long-term reform.

Return to the table

The Tribunal is urging Canada to return to the table to listen to the NCCC, the AFN and the Caring Society in order to avoid the possibility of an “imposed final solution.”

The Tribunal has given Canada until Aug. 29 to decide whether it will resume negotiations.

“Canada can agree to negotiate or not however, one thing that Canada cannot do is simply wait and let time go by,” the Tribunal said in its ruling.

“Therefore, should Canada refuse to return to the table to meet the NCCC and hear them out, the Tribunal will hear the co-complainants’ evidence-based solutions representing the NCCC and multiple First Nations’ viewpoints and Canada’s and then choose between the long-term reform order requests.”

The Tribunal wants a comprehensive long-term reform plan on child welfare submitted within four months for its consideration.

Cindy Blackstock, executive director of the Caring Society, said her organization is still reviewing the ruling but welcomed “the Tribunal’s recognition of the National Children’s Chiefs Commission” that was formed by a resolution of the Chiefs in Assembly after the $47.8B dollar package was refused.

“In the meantime,” Blackstock said, “Canada needs to stop wasting time and money, and show it is serious about ending its discrimination by following the Tribunal’s orders and stop harming children.”

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