The national chief of the Assembly of First Nations is urging chiefs to vote in favour of a landmark child welfare deal with Ottawa, saying she doesn't think a better agreement would be possible under a different federal government.
Some chiefs are campaigning to vote down the $47.8-billion child welfare reform agreement at an assembly in Calgary this week.
Several stepped up to the floor Wednesday evening expressing concerns they have with the agreement, including that they felt the Assembly of First Nations was working in lockstep with Canada, rather than to advance First Nations priorities, as is their mandate.
The deal was struck in July between Canada, the Chiefs of Ontario, Nishnawbe Aski Nation and the Assembly of First Nations after a nearly two-decade legal fight over Canada's underfunding of on-reserve child welfare services.
The Canadian Human Rights Tribunal said that was discriminatory and tasked Canada with coming to an agreement with First Nations to reform the system, along with compensating children who were torn from their families and put in foster care.
Speaking to chiefs on the first day of a special assembly Wednesday, AFN National Chief Cindy Woodhouse Nepinak said there are some shortfalls in the agreement, but urged the chiefs to vote for the deal so it is in place before the next federal election.
Woodhouse Nepinak said she's tried to build bridges with Conservative Leader Pierre Poilievre, but she can't guarantee a better deal could be reached with him based on that party's record on Indigenous issues and its promise to cut spending.
"You don't have to be a political scientist to figure out that there's a good chance we will be with a different government sooner than later," she said to chiefs and delegates.
"What the Conservative leader has said is that he won't cut into programs that are already in place for Canadians. Based on that, I say let's get this program in place before the next election."
The Conservative party and Poilievre continued to be brought up in that context throughout the assembly Wednesday, including by lawyer Julian Faulkner, who said, "I cannot make Mr. Poilievre a compassionate person — I can't do it."
"And when we understand that our options are very limited, then I think that puts this agreement in a different light," said Faulkner, who is serving as Nishnawbe Aski Nation's legal counsel.
In a statement, Conservative Crown-Indigenous relations critic Jamie Schmale said the party believes in "real economic reconciliation" for Indigenous Peoples.
"Common sense Conservatives believe in the path to reconciliation, we support the implementation of Jordan’s Principle, and we support a redress of past injustices and discrimination in child services," he said.
Woodhouse Nepinak has previously commented on the political risks of not accepting the deal, including when she announced it to chiefs in a closed-door meeting in July.
Mary Teegee, who serves on the board of the First Nations Child and Family Caring Society — the organization responsible for launching the initial human rights tribunal complaint — stood up to chiefs Wednesday urging them to question that argument because a new agreement with the federal government is required by the tribunal rather than by political will of the Liberal party.
"This is the first offer. We can do better," she stressed, while highlighting concerns from the Caring Society that service providers are being cut out of the deal, along with children who live off reserve.
"No sitting government can tie the hands of any succeeding government, except for this agreement."
Chiefs in Ontario voted in support of the deal last week, but the AFN special assembly is set to discuss three resolutions this week calling for it to be struck down or renegotiated.
Before the deal was announced in July, some chiefs raised concerns that it had been negotiated in secret. Some child welfare experts have also said the deal doesn't go far enough to ensure Canada's discrimination never happens again, and accused the Assembly of First Nations of excluding the Caring Society from the process altogether.
The Squamish Nation said Wednesday its concerns about the deal have been ignored by Canada and the Assembly of First Nations.
In an Aug. 12 letter to Prime Minister Justin Trudeau, Indigenous Services Minister Patty Hajdu and Woodhouse Nepinak, the Squamish Nation said the agreement won't address the systemic discrimination identified by the Canadian Human Rights Tribunal.
"We firmly believe that Canada must discharge its duty to consult First Nations on the draft agreement before any decision is made, as the current AFN's engagement, approval process and related timelines do not enable free, prior and informed consent, likely leading to a breach of First Nations rights," said chairperson Khelsilem, who goes by a single name.
"The lack of a response, or if Canada defers to the AFN's proposed engagement process, will force the Squamish Nation to undertake further measures to affirm and safeguard the rights of our children and our Nation."
As of Wednesday, Khelsilem says the Squamish Nation has not received a response from either Canada or the AFN.
Jennifer Kozelj, spokesperson for Hajdu, said in a statement that the agreement is First Nations-led, and that Canada "should not and will not tell Indigenous organizations how to engage their members."
"Canada has been and will continue to be at the table. If approved, this agreement will lead to transformational change and will provide First Nation children with a fair chance to succeed."
Khelsilem put forward a resolution at this assembly calling for the vote to be delayed until amendments are made, and for the Assembly of First Nations to include experts at the negotiation table.
Another from the chief of Tobique First Nation called for another 90 days for chiefs to review the final drafts of the agreement before voting on it.
The special assembly continues until Friday, with chiefs expected to vote on the deal on Thursday.
The Assembly of First Nations says more than 400 chiefs registered for the event, along with 1,900 registered participants.
This report by The Canadian Press was first published Oct. 16, 2024.