Cuthand: Fix is in for rushed $47.8B First Nations child pact

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The historic child welfare compensation agreement has the potential to do a lot of good for First Nations people, but it also has the potential to create a serious split in Indian Country.

The Canadian government is maintaining control, and the Assembly of First Nations is going along with it.

The child welfare compensation agreement is also known as the Agreement on Long-Term Reform of the First Nations Child and Family Services Program.

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This $47.8 billion 10-year agreement will provide compensation and reform to a badly flawed system that has created long-term damage in Indian Country.

The ‘final” agreement was signed by the AFN, the Chiefs of Ontario, Nishnawbe Aski Nation and the government of Canada with the proviso that it be sold to the rest of the First Nations leadership.

A compressed consultation period was announced and Sept. 17-19 the Chiefs will hold a national assembly in Winnipeg to vote on the deal. The rush to accept this deal has created logistical problems.

For example, the French version of the agreement was released Wednesday, but the final day to submit resolutions was the previous Friday. This removes the voice of the First Nations in Quebec.

Also, summer consultations are fraught with difficulty since it is a time for holidays, ceremonies and gatherings that often take precedence over political meetings.

Regional chief meetings are being held throughout the summer and the agreement is available on the AFN website. The agreement on the website is missing Appendix 10, which outlines the terms and conditions; a note stated that it is “under development. To be inserted once completed.”

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It’s difficult to understand how our leadership can give approval with such an important piece of information missing. The AFN has committed itself to this agreement and has no choice but to support it.

Line 379 in the agreement states, “The Parties shall speak publicly in favour of this Final Settlement Agreement and shall make best efforts to procure the endorsement of this Final Settlement Agreement by First Nations leadership.”

In other words, the AFN is not an impartial observer to the consultations. The fix is in, and the consultations are a sham.

To add strength to their arguments, line 382 states that “ISC (Indigenous Services Canada) shall reimburse the AFN, COO, and NAN for reasonable legal costs related to supporting that approval.”

In other words, if a First Nation wants to take legal action it will face the financial resources of the federal government.

The terms of the agreement will be overseen by the Reform Implementation Committee and if will consist of 12 members, three will come from each of the four parties to the agreement.

That means that the agreement will be led by the AFN, the government of Canada, the Chiefs of Ontario and NAN (Nishnawbe Aski Nation which represents Treaty 9 in northern Ontario).

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Sixty per cent of the First Nations population live in the four western provinces and yet we will only have a chance to have a representative from one of the three appointed by the AFN.

For the uninitiated this may seem like esoteric wrangling, but it is very important to our future and for all Canadians. This is the largest First Nations financial settlement in Canadian history, and we have 10 years to undo a century and a half of colonial rule.

The job ahead of us is immense and we must always remember that the children come first. We can’t develop another colonial bureaucracy. The emphasis must be on reform, new legislation and, most importantly, we must have the control over our own children.

Our children have been colonialism’s target, from the boarding schools to the ’60s Scoop, which continues today, to youth detention and the jail system; we have lost control, and our people have paid a terrible price. etc.

This agreement addresses the symptoms of colonialism; poverty and addictions are the issues driving child welfare.

First Nations leadership needs to take control of the child welfare agreement and implement it fairly and efficiently. The next step is to go to the roots of the issue and address self-government, economic development and community revitalization.

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Next week the FSIN will be holding consultation meetings, and they need to address the issues.

Doug Cuthand is the Indigenous affairs columnist for the Saskatoon StarPhoenix and the Regina Leader-Post. He is a member of the Little Pine First Nation.

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