Indigenous Child Welfare in Canada: 2024’s Historic Agreement and Its Implications
Indigenous Child Welfare in Canada: 2024’s Historic Agreement and Its Implications
Indigenous children in Canada are significantly overrepresented in the Canadian child welfare system. According to the 2021 Census, while Indigenous children comprise only 7.7% of the child population, they represent 53.8% of children in foster care (Indigenous Services Canada, 2024).
The disproportionate representation of Indigenous children in foster care is a stark continuation of the assimilationist policies and colonial intent embodied by residential schooling and the Sixties Scoop. In 2024, the struggle for equity and systemic reform reached a critical juncture with the proposed $47.8 billion Final Agreement on the Long-Term Reform of the First Nations Child and Family Services (FNCFS) Program. Despite its historic scope, the rejection of this agreement by the First Nations-in-Assembly illustrates ongoing tensions and the need for more culturally grounded solutions to address the overrepresentation of Indigenous children in care (Government of Canada, 2024).
Residential School
The residential school system and forced child apprehension programs systematically dismantled Indigenous families and communities, creating intergenerational trauma and institutionalized inequities which persist today. The Truth and Reconciliation Commission (TRC) underscored this continuity, particularly in Call to Action #1, which demands systemic changes to reduce the number of Indigenous children in care and to provide culturally appropriate services (Truth and Reconciliation Commission of Canada, 2015). The FNCFS Program has long been criticized for perpetuating discrimination, as identified in the 2016 Canadian Human Rights Tribunal (CHRT) decision of 2007.
The Final Agreement of 2024
The Final Agreement in 2024, negotiated between the Assembly of First Nations (AFN), the Chiefs of Ontario, the Nishnawbe Aski Nation, and the Government of Canada, proposed sweeping reforms to the FNCFS Program. It included significant financial commitments—$47.8 billion over ten years—and promised to address core issues such as funding equity, culturally relevant service delivery, and the recognition of Indigenous sovereignty over child welfare. Key attributes of the agreement included flexible funding mechanisms to enable First Nations to allocate resources based on local priorities, prevention-focused strategies, and supports for youth transitioning out of care (Government of Canada, 2024). These measures aimed to redress systemic inequities and empower First Nations communities to exercise self-determination.
Despite these goals, the rejection of the agreement by the First Nations-in-Assembly reflects critical concerns about its alignment with the principles of reconciliation and self-determination. This decision underscores the importance of meaningful consultation and co-development in creating frameworks that truly reflect Indigenous priorities and uphold their rights as recognized in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
The proposed reforms also sought to address structural drivers of child welfare involvement, such as poverty and inadequate housing. For instance, $1.79 billion was earmarked for housing initiatives to prevent children from being taken into care due to unsafe living conditions. Other provisions included funding for culturally grounded prevention services, post-majority support for youth aging out of care, and resources to support remote communities facing unique challenges (Indigenous Services Canada, 2024).
Rejection of Final Agreement
The rejection of the Final Agreement highlights broader challenges in advancing reconciliation within the child welfare system. Jurisdictional disputes between federal and provincial governments often delay the delivery of essential services, as evidenced by the landmark Jordan’s Principle decision. These disputes illustrate the need for a unified, nation-to-nation approach that prioritizes the well-being of Indigenous children and families (First Nations Child and Family Caring Society of Canada, 2024) to advocate for to the Government of Canada. Furthermore, systemic racism biases continue to shape child welfare practices, necessitating a fundamental shift toward culturally safe and sovereign Nation specific protocols for child welfare. Prominent Indigenous advocates, including Dr. Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society, have been instrumental in advancing the rights of Indigenous children. Through decades of activism and litigation, Blackstock has highlighted systemic inequities and driven landmark decisions such as the CHRT’s ruling on discriminatory underfunding. Other key figures, like the late Senator Murray Sinclair, former Chair of the TRC, have been pivotal in ensuring child welfare remains central to Canada’s reconciliation efforts.
Moving Forward
Reconciliation in child welfare requires more than financial commitments; it demands structural change and the restoration of Indigenous sovereignty over family services at a communal and familial level. The rejection of the Final Agreement is a reminder that reconciliation must be an iterative process rooted in trust, collaboration, and the acknowledgment of past harms. Moving forward, the Government of Canada must work closely with Indigenous leaders, youth, and former youth in care to address these shortcomings and co-create solutions that reflect the needs and aspirations of First Nations and Indigenous communities.
Authored by Tatâga Inc.’s CEO, Ali Tapaquon — A former Indigenous Youth in Care and Adoptee
References
Assembly of First Nations. (n.d.). Home. Retrieved December 29, 2024, from https://afn.ca/
Canadian Human Rights Tribunal. (2024). Rulings on compensation for First Nations children. Retrieved December 29, 2024, from https://www.chrt-tcdp.gc.ca
First Nations Child and Family Caring Society of Canada. (2024). Jordan’s Principle and child welfare. Retrieved December 29, 2024, from https://fncaringsociety.com
Government of Canada. (2024). Bill C-92: An Act Respecting First Nations, Inuit and Métis Children, Youth and Families. Retrieved December 29, 2024, from https://www.canada.ca
Indigenous Services Canada. (2024). Final Agreement on Long-Term Reform of the First Nations Child and Family Services Program. Retrieved December 29, 2024, from https://www.sac-isc.gc.ca
Indigenous Services Canada. (2024). Reducing the number of Indigenous children in care. Retrieved December 29, 2024, from https://sac-isc.gc.ca/eng/1541187352297/1541187392851
National Centre for Truth and Reconciliation. (n.d.). Residential school history. Retrieved December 29, 2024, from https://nctr.ca/education/teaching-resources/residential-school-history/
Truth and Reconciliation Commission of Canada. (2015). Truth and Reconciliation Commission of Canada: Calls to Action. Retrieved December 29, 2024, from https://nctr.ca/records/reports/
Truth and Reconciliation Commission of Canada. (2015). What we have learned: Principles of truth and reconciliation. Retrieved December 29, 2024, from https://www.rcaanc-cirnac.gc.ca/eng/1450124405592/1529106060525
