NDP accuses Liberals of dividing First Nations by refusing new national talks on child welfare reform

The NDP is accusing the Liberal government of pitting First Nations against each other by refusing to renew national negotiations on child and family services reform, after chiefs rejected Ottawa's $47.8-billion proposal last fall.

The final settlement agreement, as the offer was called, would have spent the money over 10 years to overhaul the First Nations child and family services program.

Canada relayed its decision on next steps in a confidential, settlement-privileged letter to the Assembly First Nations (AFN) on Monday, saying, "Canada's mandate does not permit further negotiations on reform" on a national basis at this time.

Instead, Ottawa is forging ahead with First Nations leaders in the only region to officially endorse the proposal — Ontario. The goal is to carve out a standalone deal with Chiefs of Ontario (COO) and Nishnawbe Aski Nation (NAN) based on the original terms.

COO is a provincewide umbrella group and NAN represents 49 First Nations in northern Ontario. AFN represents chiefs across the country.

Lori Idlout, NDP Indigenous Services critic and member of Parliament for Nunavut, said the decision continues discrimination and abandons some First Nations children and families.

"The government had nearly 10 years to do right by First Nations children and families but has spent those years fighting in court at every possible opportunity," Idlout said in a statement to CBC Indigenous.

"In the dying days of their government they have done what Liberals do best: break their promises and segregate First Nations against each other."

The Canadian Human Rights Tribunal ruled in 2016 the First Nations child and family services program was chronically underfunded and racially discriminatory, causing more children to be taken into state custody today than there were in residential schools at the system's peak.

The AFN and the First Nations Child and Family Caring Society led by executive director Cindy Blackstock are the complainants in the hard-fought, 18-year-old case, while COO and NAN are long-standing interveners. 

Chiefs consider options

Canada's letter came the same day as Prime Minister Justin Trudeau announced his plan to resign after the Liberal Party selects a successor. He also shut down Parliament until late March, a process known as prorogation.

In response to the letter, Blackstock said the discriminator must not be allowed to choose which of its child victims gets justice, while National Chief Cindy Woodhouse Nepinak promised to continue discussions with the AFN's executive committee.

First Nations leaders outside of Ontario were considering their options on Wednesday, with chiefs in British Columbia set to meet in the afternoon and leaders in Quebec also assessing the new information.

Ontario Regional Chief Abram Benedict didn't answer directly when asked Tuesday if he is worried that Canada is using division among First Nations to its own advantage. 

The prospect of a truly national reform was going to be difficult from the outset when communities face very different situations across the country, he said.

"This has been a problem from the beginning on this. I don't know that a national reform is even possible, because every province is different in how this child protection rolls out," said Benedict.

On Tuesday, Jennifer Kozelj, spokesperson for Indigenous Services Minister Patty Hajdu, said Canada is not cutting out the AFN nor is it refusing to engage with the chiefs' directions.

At a tense and emotional AFN meeting in October, chiefs voted to reject the deal nationally, calling for a new negotiation process and urging Canada to return to the table with a new mandate. COO and NAN, however, had endorsed and ratified the agreement at their own special assemblies just before the national meeting. 

They wanted to work with Canada within the terms of the original proposal, so Canada did, Kozelj wrote by text.

'This is uncharted territory'

Meanwhile, the minister's comment in the news release announcing the talks could be interpreted as leaving the door open for others to still accept the original offer. 

"The future of all our communities depends on healthy families and children and I am optimistic that we will reach a deal where all First Nations have this reality," Hajdu said in the release.

Liberal MP Jaime Battiste, who is Mi'kmaw and chair of the party's Indigenous caucus, also addressed the issue in an interview Monday after Trudeau's announcement.

"I don't have an ability to tell you that we have an ability to negotiate more funding at this point," he said.

"What was on the table is something that many believed was a fair offer."

Battiste, who is also parliamentary secretary for Crown-Indigenous Relations, also couldn't say whether the file will see much action while the Liberals choose a new leader.

"I wish I knew. This is uncharted territory for me," he said.