Q: What is the Final Settlement Agreement?
A: The Draft Settlement Agreement on Long-Term Reform of the First Nations Child and Family Services (FNCFS) Program aims to address the discrimination found by the Canadian Human Rights Tribunal (CHRT) and to prevent its recurrence. It also is intended to address the unique discrimination faced by NAN First Nations with historic reforms on funding to account for the high costs of delivering services in remote communities.
Q: How was the Final Settlement Agreement reached?
A: In 2007, the Assembly of First Nations and the First Nations Child and Family Caring Society filed a complaint against Canada regarding discrimination in the provision of child welfare to First Nations children. In January 2016, the Canadian Human Rights Tribunal found that Canada had discriminated against First Nations children, youth, and families on-reserve through the FNCFS program, 1965 Agreement, and Jordan’s Principle. On July 10, 2024, a Final Agreement on Long-Term Reform of the FNCFS Program was reached
Q: What is NAN’s role in this process?
A: In May 2016, NAN intervened in the proceedings to address and be a voice on issues related to remoteness. For the past 8 years, NAN, the AFN, Chiefs of Ontario, and the Caring Society have worked together to reform the FNCFS program. NAN is now providing Chiefs and Councils with the information they need to inform their members and make a final decision on the FSA.
Q: Now that a Draft Final Settlement Agreement has been reached, is this the end of the process?
A: No. Reaching an agreement amongst the parties does not mean the process has concluded. It means that the negotiation teams have signed off on the draft FSA as an agreement that they can support and recommend. The Agreement is now being shared with First Nations leadership for your review and a final decision.
Q: What is the process to ratify the Agreement?
A: All parties to the negotiation must review and decide on the agreement. This means the Chiefs of NAN, COO and AFN must independently review and vote on the agreement. For the Chiefs of NAN who belong to all three parties, this will mean voting three times on the FSA to give it final approval. If the FSA is approved by the parties, a motion will be brought to the CHRT asking that the Tribunal approve the FSA. After that approval, the FSA can be implemented.
Q: What is NAN doing to inform leadership and community members?
A: We are hosting series of engagement sessions to provide a robust summary of the Draft Agreement and help leadership engagement with their members. At these information sessions, NAN Executive, technicians, and legal counsel will be present to speak to the terms of the FSA. At the first session, information will be presented so that communities can learn about the FSA, discuss how it will impact your First Nation, and deliberate on whether to support it or not. The second session will be a question-and-answer period to answer questions that came up during the information sessions or stemming from discussions afterward.
Q: When are these sessions being held?
A: A series of online sessions have been scheduled:
- Final Settlement Agreement Information Session #1
- July 29, 2024 – 10AM EST (9AM CT)
- Final Settlement Agreement Q&A Session #1
- August 1, 2024 – 10AM EST (9AM CT)
- Final Settlement Agreement Information Session #2
- August 19, 2024 – 10AM EST (9AM CT)
- Final Settlement Agreement Q&A Session #2
- August 22, 2024 – 10AM EST (9AM CT)
- Final Settlement Agreement Chief’s Special Assembly
- August 28, 2024 – 10AM EST (9AM CT)
A list of these sessions is available at www.nan.ca/finalsettlementagreement
Q: I have a question about the Final Settlement Agreement. Who can I talk to?
A: NAN welcomes and encourages questions from leadership and community members. Please submit them through the online form at www.nan.ca/finalsettlementagreement and we will respond as quickly as possible.