2023-24 Reporting on the Calls for Justice 12.1 to 12.15: Social Workers and Child Welfare

Learn how the Government of Canada is responding to Calls for Justice 12.1 to 12.15.

Based on data provided June 3, 2024.

On this page

12.1: Recognize Indigenous self-determination and inherent jurisdiction over child welfare

2023-24 Updates

  • In 2023-24, four new Indigenous laws came into force that enable the Kitchenuhmaykoosib Inninuwug, Sts'ailes First Nation, Splatsin, and Loon River First Nation to exercise self-determination over child welfare in their jurisdictions.
  • Indigenous Services Canada funded 125 proposals that supported First Nations, Inuit and Métis communities, groups, and people and Indigenous governing bodies to develop capacity to implement their child and family service delivery plans under An Act respecting First Nations, Inuit and Métis children, youth and families (the Act). Additionally, four Indigenous child and family services laws came into force and there were 21 active coordination agreement discussion tables to support Indigenous governing bodies wishing to exercise jurisdiction via the framework of the Act.

Initiatives

Implementing An Act respecting First Nations, Inuit and Métis children, youth and families

Progress to date

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act), which came into force on January 1, 2020, was co-developed, and is being implemented, with Indigenous partners. The Act contributes to addressing Call for Justice 12.1 by affirming the inherent right of self-government, which includes jurisdiction in relation to child and family services, and by supporting Indigenous peoples in choosing their own solutions for their children and families.

As part of the implementation of the Act, a unique, holistic, and community-driven process has been put in place for groups, communities, or peoples to move towards the development of laws and exercise of jurisdiction. This process has included:

  • Distinctions-based governance engagement mechanisms for partners to discuss high-level policy issues relating to transition and effective implementation of the Act;
  • Funding to support First Nations, Inuit and Métis communities, groups, and people and Indigenous governing bodies develop capacity to implement their child and family service delivery plans;
  • Establishing tripartite coordination agreement discussion tables; and
  • Committing to fiscal arrangements that are sustainable, needs-based and consistent with the principle of substantive equality.

Between January 2020 and March 31, 2024:

  • Indigenous Services Canada allocated over $205.9M in capacity-building funding to 224 Indigenous governing bodies (217 First Nation, 4 Inuit and 3 Métis) preparing to exercise jurisdiction via the framework of the Act;
  • Indigenous Services Canada received 91 notices to exercise jurisdiction and requests to enter into a coordination agreement from 77 Indigenous governing bodies (74 First Nation, 1 Inuit and 2 Métis) representing more than 110 First Nation, Inuit and Métis communities pursuant to section 20 of the Act;
  • Seven Indigenous governing bodies representing nine First Nations completed coordination agreements and fiscal arrangements to support the exercise of jurisdiction in relation to child and family services; and
  • Ten Indigenous laws came into force.

In fiscal year 2023-24 specifically:

  • 125 capacity-building proposals were funded;
  • Although no new coordination agreements were completed, there were 21 active coordination agreement discussion tables; and
  • Four Indigenous laws came into force for the following First Nations groups, communities or people:
    • Kitchenuhmaykoosib Inninuwug
    • Sts'ailes First Nation
    • Splatsin
    • Loon River First Nation #476, Lubicon Lake Band #453, and Peerless Trout First Nation #478
Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Economic and Fiscal Snapshot: $542M over five years; Budget 2021: $73.6M over four years; Budget 2022: $87.3M over three to five years; Various funding sources: $1.29B - Funding allocated for various term lengths (up to ten years) starting over different fiscal years; Budget 2024: $1.8B over eleven years
Funding Source: Various
Partners: National Indigenous Organizations; Regional Indigenous Organizations; Indigenous, Federal, provincial and territorial governments; and First Nation, Inuit and Métis Indigenous governing bodies
Related Calls for Miskotahâ: 29, 34, 36
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.10, 12.11, 12.14, 16.14, 16.16, 16.17, 16.18, 17.3, 17.4, 17.16, 17.17, 17.18

12.2: Transform child welfare systems so that Indigenous communities have control over design and delivery of services

2023-24 Updates

  • Four new Indigenous laws came into force that enable the Kitchenuhmaykoosib Inninuwug, Sts'ailes First Nation, Splatsin, and Loon River First Nation to exercise self-determination over child welfare in their jurisdictions.
  • Indigenous Services Canada funded 125 proposals that supported First Nations, Inuit and Métis communities, groups, and people and Indigenous governing bodies to develop capacity to implement their child and family service delivery plans under An Act respecting First Nations, Inuit and Métis children, youth and families (the Act). Additionally, four Indigenous child and family services laws came into force and there were 21 active coordination agreement discussion tables to support Indigenous governing bodies wishing to exercise jurisdiction via the framework of the Act.
  • As part of the long-term reform of the First Nations Child and Family Services Program, Indigenous Services Canada supported greater First Nations control over the design and delivery of child and family services by continuing to fund the immediate measures and capital based on actuals. Additionally, Indigenous Services Canada provided funding top-ups to existing funding received by First Nations child and family services agencies and First Nations for information technology, emergencies, results, and adjustments for remoteness and poverty. Indigenous Services Canada also flowed to First Nations a portion of the housing funding commitment that was included in the Agreement-in-Principle on the long-term reform of the First Nations Child and Family Services Program.

Initiatives

Implementing An Act respecting First Nations, Inuit and Métis children, youth and families

Progress to date

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act), which came into force on January 1, 2020, was co-developed, and is being implemented, with Indigenous partners. The Act contributes to addressing Call for Justice 12.2 by affirming the inherent right of self-government, which includes jurisdiction in relation to child and family services, and by supporting Indigenous peoples in choosing their own solutions for their children and families.

As part of the implementation of the Act, a unique, holistic, and community-driven process has been put in place for groups, communities, or peoples to move towards the development of laws and exercise of jurisdiction. This process has included:

  • Distinctions-based governance engagement mechanisms for partners to discuss high-level policy issues relating to transition and effective implementation of the Act;
  • Funding to support First Nations, Inuit and Métis communities, groups, and people and Indigenous governing bodies develop capacity to implement their child and family service delivery plans;
  • Establishing tripartite coordination agreement discussion tables; and
  • Committing to fiscal arrangements that are sustainable, needs-based and consistent with the principle of substantive equality.

Between January 2020 and March 31, 2024:

  • Indigenous Services Canada over $205.9M in capacity-building funding to 224 Indigenous governing bodies (217 First Nation, 4 Inuit and 3 Métis) preparing to exercise jurisdiction via the framework of the Act;
  • Indigenous Services Canada received 91 notices to exercise jurisdiction and requests to enter into a coordination agreement from 77 Indigenous governing bodies (74 First Nation, 1 Inuit and 2 Métis) representing more than 110 First Nation, Inuit and Métis communities pursuant to section 20 of the Act;
  • Seven Indigenous governing bodies representing nine First Nations completed coordination agreements and fiscal arrangements to support the exercise of jurisdiction in relation to child and family services; and
  • Ten Indigenous laws camento force.

For fiscal year 2023-24 specifically:

  • 125 capacity-building proposals were funded;
  • Although no new coordination agreements were completed, there were 21 active coordination agreement discussion tables; and
  • Four Indigenous laws came into force for the following First Nations groups, communities or people:
    • Kitchenuhmaykoosib Inninuwug
    • Sts'ailes First Nation
    • Splatsin
    • Loon River First Nation #476, Lubicon Lake Band #453, and Peerless Trout First Nation #478
Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Economic and Fiscal Snapshot: $542M over five years; Budget 2021: $73.6M over four years; Budget 2022: $87.3M over three to five years; Various funding sources: $1.29B - Funding allocated for various term lengths (up to ten years) starting over different fiscal years; Budget 2024: $1.8B over eleven years
Funding Source: Various
Partners: National Indigenous Organizations; Regional Indigenous Organizations; Indigenous, Federal, provincial and territorial governments; and First Nation, Inuit and Métis Indigenous governing bodies
Related Calls for Miskotahâ: 29, 34, 36
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.1, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.10, 12.11, 12.14, 16.14, 16.16, 16.17, 16.18, 17.3, 17.4, 17.16, 17.17, 17.18

First Nations Child and Family Services Program

Progress to date

The ongoing reform of the First Nations Child and Family Services Program directly contributes to addressing Call for Justice 12.2 because it supports greater First Nation control over the delivery of child and family services.

In January 2016, the Canadian Human Rights Tribunal (Tribunal) ordered Canada to cease its discriminatory practices and reform the First Nations Child and Family Services Program and the 1965 Agreement with the Province of Ontario. This order, and subsequent orders, arose from a human rights complaint filed by the First Nations Child and Family Caring Society of Canada and the Assembly of First Nations in 2007. Canada accepts the orders and acknowledges that the discriminatory funding as found by the Tribunal has created various adverse impacts for many First Nations children, youth and families.

On December 31, 2021, the Assembly of First Nations, Caring Society, Chiefs of Ontario, Nishnawbe Aski Nation and the Government of Canada signed an Agreement-in-Principle on the long-term reform of the First Nations Child and Family Services Program.

In April 2022, Canada started funding the following immediate measures as an early step toward the overall reform of the First Nations Child and Family Services Program:

  • Prevention Services: $2,500 per capita, based on the registered First Nation population resident on-reserve and on Crown land, and in the Yukon, based on the total registered population of a First Nation. These population figures are drawn from the Indian Registry System. Funds are allocated to First Nations and First Nations Child and Family Services service providers, to deliver prevention services that support the safety and well-being of children and families. The purpose of this funding is to reduce the number of First Nations children and youth in care and to address the structural drivers that lead to maltreatment.
  • Post-Majority Support Services: Funding at actual costs up to the age of 26, or to the age as defined in provincial/Yukon legislation (whichever is greater). The purpose of this funding is to support youth aging out of care and young adults formerly in care as they transition to adulthood.
  • First Nations Representative Services: $283 per capita, based on the registered First Nation population resident on-reserve and on Crown land, and in the Yukon, based on the total registered population of a First Nation. These population figures are drawn from the Indian Registry System. Funds are allocated to First Nations to support the functions of a First Nation Representative who works in the interests of the First Nation, its children and families. This includes advocating for the children's rights and collaborating with other service providers. In Ontario, where First Nations Representative Services have existed for several years, the funding formula is different.

Indigenous Services Canada has been funding the actual costs of capital assets to support the delivery of the First Nations Child and Family Services Program since winter 2022, as per an order by the Canadian Human Rights Tribunal.

Through the funding of the immediate measures and of the capital expenditures associated with the delivery of child and family services to First Nations on reserve, the Program has been supporting First Nations gaining greater control over the delivery of child and family services.

In 2023-24, as part of the long-term reform of the First Nations Child and Family Services Program, Indigenous Services Canada continued to fund the immediate measures and capital based on actuals. In early 2024, Indigenous Services Canada also provided funding top-ups to existing funding received by First Nations child and family services agencies and First Nations for information technology, results, and adjustments for remoteness and poverty. Also, in early 2024, Indigenous Services Canada flowed to First Nations a portion of the housing funding commitment that was included in the Agreement-in-Principle on long-term reform.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Budget 2021: $1B over 5 years and $118.7M ongoing
Funding Source: Budget 2021
Partners: First Nations; First Nations child and family services agencies; Parties to the Canadian Human Rights Tribunal complaint regarding the Program; National First Nation organizations; Regional First Nation organizations; and provincial and territorial governments and agencies
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.10, 12.11, 12.14

12.3: Develop and apply a definition of "best interests of the child" based on Indigenous perspectives

2023-24 Updates

  • An Act respecting First Nations, Inuit and Métis children, youth and families came into force on January 1st, 2020, and sets out principles, including the best interests of the child, which apply throughout Canada in the provision of child and family services to Indigenous children.
  • The service providers funded through the First Nations Child and Family Services Program to deliver services to First Nations children, youth and families ordinarily resident on reserve or in the Yukon are obligated to follow the principles and national standards set out in An Act respecting First Nations, Inuit and Métis children, youth and families, including the principle of the best interests of the child.

Initiatives

Implementing An Act respecting First Nations, Inuit and Métis children, youth and families

Progress to date

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act), which came into force on January 1, 2020, was co-developed, and is being implemented with Indigenous partners. The Act contributes to addressing Call for Justice 12.3 by setting out principles, including the best interests of the child, which apply throughout Canada in the provision of child and family services Indigenous children. As per Section 10 (1), ‘the best interests of the child must be a primary consideration in the making of decisions or the taking of actions in the context of the provision of child and family services in relation to an Indigenous child and, in the case of decisions or actions related to child apprehension, the best interests of the child must be the paramount consideration.'

The provisions of the Act came into force on January 1, 2020 and it is up to the service providers to apply this principle.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Economic and Fiscal Snapshot: $542M over five years; Budget 2021: $73.6M over four years; Budget 2022: $87.3M over three to five years; Various funding sources: $1.29B - Funding allocated for various term lengths (up to ten years) starting over different fiscal years; Budget 2024: $1.8B over eleven years
Funding Source: Various
Partners: National Indigenous Organizations; Regional Indigenous Organizations; Indigenous, Federal, provincial and territorial governments; and First Nation, Inuit and Métis Indigenous governing bodies
Related Calls for Miskotahâ: 29, 34, 36
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.1, 12.2, 12.4, 12.5, 12.6, 12.7, 12.8, 12.10, 12.11, 12.14, 16.14, 16.16, 16.17, 16.18, 17.3, 17.4, 17.16, 17.17, 17.18

First Nations Child and Family Services Program

Progress to date

The First Nations Child and Family Services Program contributes towards addressing Call for Justice 12.3 because the service providers funded through the Program to deliver services to First Nations children, youth and families ordinarily resident on reserve or in the Yukon are obligated to follow the principles and national standards set out in the in An Act respecting First Nations, Inuit and Métis children, youth and families (the Act), including the principle of the best interests of the child.

The Act came into force on January 1, 2020. It was co-developed and is being implemented with Indigenous partners.

It is up to the service providers to apply this principle.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Budget 2021: $1B over 5 years and $118.7M ongoing
Funding Source: Budget 2021
Partners: First Nations; First Nations child and family services agencies; Parties to the Canadian Human Rights Tribunal complaint regarding the Program; National First Nation organizations;
Regional First Nation organizations; and provincial and territorial governments and agencies
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.2 v, 2.2 ii, 2.3, 12.2, 12.4, 12.5, 12.6, 12.7, 12.8, 12.10, 12.11, 12.14

12.4: Prohibit the apprehension of children on the basis of poverty and cultural bias

2023-24 Updates

  • An Action Research on Chronic Homelessness project is testing ways to improve systems alignment with the child welfare system and outcomes for Indigenous youth through addressing needs such as enhanced supports tailored for youth, improved connections between agencies, and culturally appropriate service delivery.
  • The Public Health Agency of Canada released the first report on placement of children in out-of-home care from the Canadian Child Welfare Information System in early 2024.
  • An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) came into force on January 1st, 2020 and sets out national minimum standards in the provision of child and family services to Indigenous children. One of the standards in the Act requires service providers to ensure that a child is not apprehended solely on the basis of his or her socio-economic conditions, including poverty, lack of adequate housing or infrastructure or the state of health of his or her parent or caregiver.
  • The service providers funded through the First Nations Child and Family Services Program to deliver services to First Nations children, youth and families ordinarily resident on reserve or in the Yukon are obligated to follow the principles and national standards set out in An Act respecting First Nations, Inuit and Métis children, youth and families, including the standard that requires service providers to ensure that a child is not apprehended solely on the basis of his or her socio-economic conditions, including poverty, lack of adequate housing or infrastructure or the state of health of his or her parent or caregiver.

Initiatives

Action research on Chronic Homelessness (ARCH) initiative

Progress to date

The work of Action Research on Chronic Homelessness in part responds to Call for Justice 12.4 by providing funding to support the testing of services that seek to prevent and reduce Indigenous homelessness, including by enhancing accessibility and culturally appropriate supports and services.

An Action Research on Chronic Homelessness project is testing ways to improve systems alignment with the child welfare system and outcomes for Indigenous youth through addressing needs such as enhanced supports tailored for youth, improved connections between agencies, and culturally appropriate service delivery.

Funding and partner information

Lead Department: Infrastructure Canada
Funding Amount: $18.1M/3 years, beginning in 2022-23
Funding Source: Budget 2022
Partners: Select Reaching Home funding recipients receiving funding under the Designated Communities, Territorial Homelessness, and/or Indigenous Homelessness streams; Local Indigenous partners in communities where there is not currently an Indigenous-led organization delivering Reaching Home funding; Select provinces/territories; Infrastructure Canada representatives; National Indigenous Homelessness Council; and Local community partners
Related Calls for Miskotahâ: 18, 23, 25, 26
Related Calls for Justice: 4.1, 4.7, 12.4, 18.25

Reaching Home: Canada’s Homelessness Strategy

Progress to date

The work of the Reaching Home program in part responds to Call for Justice 12.4 by providing dedicated funding to support culturally appropriate services that seek to prevent and reduce Indigenous homelessness. In addition, this program supports Calls for Miskotahâ 8, 18, 23, 25 and 26 by providing distinctions-based funding to Métis partners to address homelessness.

Reaching Home's Distinctions-based Approaches stream provides funding to Indigenous organizations and governments to implement projects that reflect the unique rights, interests, and circumstances of First Nations, the Métis Nation and Inuit experiencing and at risk of experiencing homelessness. The Indigenous Homelessness stream provides funding for the delivery of Indigenous-specific homelessness programming off-reserve, with the intent that funding be provided to Indigenous organizations located within and outside of urban centres.

Social and community integration services eligible activities include:

  • Supports to improve social integration, for example, costs of participation or provision of recreational/sports activities; and
  • Indigenous Elder consultation, gathering and preparation of traditional foods, and establishing and maintaining culturally relevant responses and supports to help Indigenous individuals and families (for example, navigation of urban services including to help establish and maintain culturally relevant support networks within an urban environment; Indigenous language and culture classes).
Funding and partner information

Lead Department: Infrastructure Canada
Funding Amount: $4 billion over 9 years (beginning in 2019-20)
Funding Source: $2.1 billion from 2019-2020 to 2027-2028 (Budget 2017); $409.2 million in 2019-20 and 2020-21 (COVID-19 emergency funding); $299.4 million in 2021-22 (Fall Economic Statement 2020); $567.2 million in 2022-23 and 2023-24 (Budget 2021); $562.2 million in 2024-25 and 2025-26 (Budget 2022); and, approximately $100 million in 2023-24 (departmental reallocation for unsheltered homelessness). Additionally, $1 billion from 2024-25 to 2027-28 is proposed in Budget 2024.
Partners: Provincial and territorial governments; National Indigenous Homelessness Council; National Indigenous Organizations (Assembly of First Nations, Métis National Council, Manitoba Métis Federation, Inuit Tapiriit Kanatami) and their affiliated organizations; and, Reaching Home Community Entities and Community Advisory Boards (includes 37 communities and regions across Canada under the Indigenous Homelessness stream); Modern Treaty Holders with provisions in their treaties related to the delivery of social services; Other partners within the housing and homelessness sectors
Related Calls for Miskotahâ: 8, 18, 23, 25, 26
Related Calls for Justice: 4.1, 4.7, 12.4, 16.1, 16.18, 16.19, 18.25

The Canadian Child Welfare Information System (CCWIS)

Progress to date

In support of this Call for Justice, the Public Health Agency of Canada has collaborated with Indigenous and other partners to harmonize and assess the quality of administrative national child welfare data on children being placed in out of home care. These data are the foundation to understand this issue. The trusting partnerships that will be necessary to collaborate on this difficult area have been established with many provincial and territorial ministries and in some Indigenous-led organizations.

The Public Health Agency of Canada released the first report on placement of children in out-of-home care in Canada using data from the Canadian Child Welfare Information System. in early 2024. The first report provides a national rate of children in out-of-home care and rates by province/territory, year, sex/gender, age group and placement type in 2021/2022. The report provides the foundation for future distinctions based reporting by First Nations, Inuit or Métis status. Many provincial, territorial, and Indigenous partners have played a role in shaping this report, which is a crucial first step to build on to assess success in prohibiting inappropriate apprehensions of children.

With appropriate partnerships, and as directed by the Métis governments that have rights to the data, CCWIS will support some of the Calls for Miskotahâ. CCWIS will support Call for Miskotahâ 28 because planned data quality work related to CCWIS development and expansion will help provincial and delegated child welfare agencies accurately collect information that can be disaggregated by Indigeneity, including by Métis status. CCWIS supports the Call for Miskotahâ 29 (a) because CCWIS annual reporting will, in time and pending adequate data quality, include the reason for child welfare involvement (including monitoring of neglect investigations of Métis children). CCWIS supports the Call for Miskotahâ 31 because reasons for apprehension will be included in later CCWIS reporting.

Funding and partner information

Lead Department: Public Health Agency of Canada
Funding Amount: Funded using the Public Health Agency of Canada's internally available resources and mechanisms (approximately $200,000 in O&M)
Funding Source: Budget 2021
Partners: Indigenous organizations; Provincial and territorial ministries of child and family services
Related Calls for Miskotahâ: 28, 29, 31
Related Calls for Justice: 16.6

Implementing An Act respecting First Nations, Inuit and Métis children, youth and families

Progress to date

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act), contributes to addressing Call for Justice 12.4 by setting out national minimum standards which apply throughout Canada in the provision of child and family services in relation to Indigenous children. As per Section 15 of the Act, "[in] the context of providing child and family services in relation to an Indigenous child, to the extent that it is consistent with the best interests of the child, the child must not be apprehended solely on the basis of his or her socio-economic conditions, including poverty, lack of adequate housing or infrastructure or the state of health of his or her parent or the care provider."

The provisions of the Act came into force on January 1, 2020 and it is up to the service providers to apply this standard.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Economic and Fiscal Snapshot: $542M over five years; Budget 2021: $73.6M over four years; Budget 2022: $87.3M over three to five years; Various funding sources: $1.29B - Funding allocated for various term lengths (up to ten years) starting over different fiscal years; Budget 2024: $1.8B over eleven years
Funding Source: Various
Partners: National Indigenous Organizations; Regional Indigenous Organizations; Indigenous, Federal, provincial and territorial governments; and First Nation, Inuit and Métis Indigenous governing bodies
Related Calls for Miskotahâ: 29, 34, 36
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.1, 12.2, 12.3, 12.5, 12.6, 12.7, 12.8, 12.10, 12.11, 12.14, 16.14, 16.16, 16.17, 16.18, 17.3, 17.4, 17.16, 17.17, 17.18

First Nations Child and Family Services Program

Progress to date

The First Nations Child and Family Services Program contributes towards addressing Call for Justice 12.4 because the service providers funded through the Program to deliver services to First Nations children, youth and families ordinarily resident on reserve or in the Yukon are obligated to follow the principles and national standards set out in An Act respecting First Nations, Inuit and Métis children, youth and families (the Act), including the standard noted in Section 15 of the Act which states that "[in] the context of providing child and family services in relation to an Indigenous child, to the extent that it is consistent with the best interests of the child, the child must not be apprehended solely on the basis of his or her socio-economic conditions, including poverty, lack of adequate housing or infrastructure or the state of health of his or her parent or the care provider."

The provisions of the Act came into force January 1, 2020. It is up to the service providers to follow this standard.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Budget 2021: $1B over 5 years and $118.7M ongoing
Funding Source: Budget 2021
Partners: First Nations; First Nations child and family services agencies; Parties to the Canadian Human Rights Tribunal complaint regarding the Program; National First Nation organizations; Regional First Nation organizations; and provincial and territorial governments and agencies
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.2, 12.3, 12.5, 12.6, 12.7, 12.8, 12.10, 12.11, 12.14

12.5: Provide financial supports and resources for the families and communities to care for the children of missing and murdered Indigenous women, girls, and 2SLGBTQI+ people

2023-24 Updates

  • The Act respecting First Nations, Inuit and Métis children, youth and families sets out national minimum standards with regard to the placement of Indigenous children, including that an order of priority be applied when a placement is being planned. Per the Act, placement with a parent, adult family member, or an adult from the same Indigenous group, community or people as the child are prioritized first to the extent that it is consistent with the best interests of the child. It is up to service providers to apply these standards.
  • The service providers funded through the First Nations Child and Family Services Program to deliver services to First Nations children, youth and families ordinarily resident on reserve or in the Yukon are obligated to follow the principles and national standards set out in An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) which came into force on January 1st, 2020. The Act sets out national minimum standards with regard to the placement of Indigenous children, including that an order of priority be applied when a placement is being planned. Per the Act, a placement with a parent, adult family member, or an adult from the same Indigenous group, community or people as the child are prioritized first to the extent that it is consistent with the best interests of the child. It is up to service providers to apply these standards.

Initiatives

Implementing An Act respecting First Nations, Inuit and Métis children, youth and families

Progress to date

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) contributes to addressing Call for Justice 12.5 by setting out national minimum standards which apply throughout Canada in the provision of child and family services in relation to Indigenous children. With regard to the placement of an Indigenous child, Section 16 of the Act requires that an order of priority be applied when a placement is being planned. Per the Act, a placement with a parent, adult family member, or an adult from the same Indigenous group, community or people as the child are prioritized first to the extent that it is consistent with the best interests of the child. This section of the Act also requires that service providers consider whether or not placements near other children in the family would be in the child's best interest. The Act also requires that a reassessment be conducted on an ongoing basis, of whether it would be appropriate to place the child with an adult family member. Under Section 11, the Act states that child and family services provided in relation to an Indigenous child are to be provided in a manner that takes into account the child's needs, including with respect to his or her physical, emotional and psychological safety, security and well-being.

The Act came into force on January 1, 2020 and it is up to the service providers to apply these standards.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Economic and Fiscal Snapshot: $542M over five years; Budget 2021: $73.6M over four years; Budget 2022: $87.3M over three to five years; Various funding sources: $1.29B - Funding allocated for various term lengths (up to ten years) starting over different fiscal years; Budget 2024: $1.8B over eleven years
Funding Source: Various
Partners: National Indigenous Organizations; Regional Indigenous Organizations; Indigenous, Federal, provincial and territorial governments; and First Nation, Inuit and Métis Indigenous governing bodies
Related Calls for Miskotahâ: 29, 34, 36
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.1, 12.2, 12.3, 12.4, 12.6, 12.7, 12.8, 12.10, 12.11, 12.14, 16.14, 16.16, 16.17, 16.18, 17.3, 17.4, 17.16, 17.17, 17.18

First Nations Child and Family Services Program

Progress to date

The First Nations Child and Family Services Program contributes towards addressing Call for Justice 12.5 because the service providers funded through the Program to deliver services to First Nations children, youth and families ordinarily resident on reserve or in the Yukon are obligated to follow the principles and national standards set out in An Act respecting First Nations, Inuit and Métis children, youth and families (the Act).

The Act sets out national minimum standards which apply throughout Canada in the provision of child and family services in relation to Indigenous children. With regard to the placement of an Indigenous child, Section 16 of the Act requires that an order of priority be applied when a placement is being planned. Per the Act, a placement with a parent, adult family member, or an adult from the same Indigenous group, community or people as the child are prioritized first to the extent that it is consistent with the best interests of the child. This section of the Act also requires that service providers consider whether or not placements near other children in the family would be in the child's best interest. The Act also requires that a reassessment be conducted on an ongoing basis, of whether it would be appropriate to place the child with an adult family member. Under Section 11, the Act states that child and family services provided in relation to an Indigenous child are to be provided in a manner that takes into account the child's needs, including with respect to his or her physical, emotional and psychological safety, security and well-being.The Act came into force January 1, 2020, and it is up to the service providers to apply these standards.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Budget 2021: $1B over 5 years and $118.7M ongoing
Funding Source: Budget 2021
Partners: First Nations; First Nations child and family services agencies; Parties to the Canadian Human Rights Tribunal complaint regarding the Program; National First Nation organizations; Regional First Nation organizations; and provincial and territorial governments and agencies
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.2, 12.3, 12.4, 12.6, 12.7, 12.8, 12.10, 12.11, 12.14

12.6: Ensure that child welfare services prioritize a family or close community member in cases where child apprehension is unavoidable

2023-24 Updates

  • An Act respecting First Nations, Inuit and Métis children, youth and families came into force on January 1st, 2020. The Act sets out national minimum standards with regard to the placement of Indigenous children, including that an order of priority be applied when a placement is being planned. Per the Act, a placement with a parent, adult family member, or an adult from the same Indigenous group, community or people as the child are prioritized first to the extent that it is consistent with the best interests of the child. It is up to service providers to apply these standards.
  • The service providers funded through the First Nations Child and Family Services Program to deliver services to First Nations children, youth and families ordinarily resident on reserve or in the Yukon are obligated to follow the principles and national standards set out in An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) which came into force on January 1st, 2020. The Act sets out national minimum standards with regard to the placement of Indigenous children, including that an order of priority be applied when a placement is being planned. Per the Act, a placement with a parent, adult family member, or an adult from the same Indigenous group, community or people as the child are prioritized first to the extent that it is consistent with the best interests of the child. It is up to service providers to apply these standards.

Initiatives

Implementing An Act respecting First Nations, Inuit and Métis children, youth and families

Progress to date

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) contributes to addressing Call for Justice 12.6 by setting out national minimum standards  which apply throughout Canada in the provision of child and family services in relation to Indigenous children. With regard to the placement of an Indigenous child, Section 16 of the Act requires that an order of priority be applied when a placement is being planned. Per the Act, a placement with a parent, adult family member, or an adult from the same Indigenous group, community or people as the child are prioritized first to the extent that it is consistent with the best interests of the child. This section of the Act also requires that service providers consider whether or not placements near other children in the family would be in the child's best interest. The Act also requires that a reassessment be conducted on an ongoing basis, of whether it would be appropriate to place the child with an adult family member. Under Section 11, the Act states that child and family services provided in relation to an Indigenous child are to be provided in a manner that takes into account the child's needs, including with respect to his or her physical, emotional and psychological safety, security and well-being.

The Act came into force on January 1, 2020, and it is up to the service providers to apply these standards.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Economic and Fiscal Snapshot: $542M over five years; Budget 2021: $73.6M over four years; Budget 2022: $87.3M over three to five years; Various funding sources: $1.29B - Funding allocated for various term lengths (up to ten years) starting over different fiscal years; Budget 2024: $1.8B over eleven years
Funding Source: Various
Partners: National Indigenous Organizations; Regional Indigenous Organizations; Indigenous, Federal, provincial and territorial governments; and First Nation, Inuit and Métis Indigenous governing bodies
Related Calls for Miskotahâ: 29, 34, 36
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.1, 12.2, 12.3, 12.4, 12.5, 12.7, 12.8, 12.10, 12.11, 12.14, 16.14, 16.16, 16.17, 16.18, 17.3, 17.4, 17.16, 17.17, 17.18

First Nations Child and Family Services Program

Progress to date

The First Nations Child and Family Services Program indirectly contributes towards addressing Call for Justice 12.6 because the service providers funded through the Program to deliver services to First Nations children, youth and families ordinarily resident on reserve or in the Yukon are obligated to follow the principles and national standards set out in An Act respecting First Nations, Inuit and Métis children, youth and families (the Act).

The Act sets out national minimum standards which apply throughout Canada in the provision of child and family services in relation to Indigenous children. With regard to the placement of an Indigenous child, Section 16 of the Act requires that an order of priority be applied when a placement is being planned. Per the Act, a placement with a parent, adult family member, or an adult from the same Indigenous group, community or people as the child are prioritized first to the extent that it is consistent with the best interests of the child. This section of the Act also requires that service providers consider whether or not placements near other children in the family would be in the child's best interest. The Act also requires that a reassessment be conducted on an ongoing basis, of whether it would be appropriate to place the child with an adult family member. Under Section 11, the Act states that child and family services provided in relation to an Indigenous child are to be provided in a manner that takes into account the child's needs, including with respect to his or her physical, emotional and psychological safety, security and well-being.

The Act came into force on January 1, 2020, and it is up to the service providers to apply these standards.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount:  Budget 2021: $1B over 5 years and $118.7M ongoing
Funding Source: Budget 2021
Partners: First Nations; First Nations child and family services agencies; Parties to the Canadian Human Rights Tribunal complaint regarding the Program; National First Nation organizations; Regional First Nation organizations; and provincial and territorial governments and agencies
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.2, 12.3, 12.4, 12.5, 12.7, 12.8, 12.10, 12.11, 12.14

12.7: Ensure the availability and accessibility of distinctions-based and culturally safe culture and language programs for Indigenous children in care

2023-24 Updates

  • Four Indigenous child and family services laws came into force via the framework of An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) and there were 21 active coordination agreement discussion tables to support Indigenous governing bodies wanting to exercise jurisdiction. These child and family services laws and service models supported by Indigenous Services Canada often incorporate the benefits of maintaining Indigenous language, cultural practices and recognition of Indigenous Elders as a part of the provision of child and family services. Additionally, per the principles and standards in the Act, service providers were required to take cultural continuity into account in the delivery of child and family services to Indigenous children across Canada.
  • Certain expenditures related to First Nation languages and culture incurred in the delivery of prevention, protection, First Nations Representative Services and post-majority support services continued to be eligible under the terms and conditions of Indigenous Services Canada's First Nations Child and Family Services Program. In alignment with An Act respecting First Nations Inuit and Métis children, youth and families, service providers funded through the Program were required to take cultural continuity into account in the delivery of the child and family services to First Nations children and families ordinarily resident on reserve and in the Yukon.

Initiatives

Implementing An Act respecting First Nations, Inuit and Métis children, youth and families

Progress to date

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) contributes to addressing Call for Justice 12.7.

The Act identifies cultural continuity as one of the principles, which must be applied throughout Canada in the provision of child and family services in relation to Indigenous children. In Section 9(2)(b) of the Act, it is noted that ‘the transmission of the languages, cultures, practices, customs, traditions, ceremonies and knowledge of Indigenous peoples is integral to cultural continuity.'

The provisions of the Act came into force on January 1, 2020 and it is up to the service providers to apply this principle of cultural continuity.

Additionally, as part of the implementation of the Act, Indigenous Services Canada provides funding to Indigenous governing bodies to support their efforts to develop Indigenous child and family services laws and service models. The laws and service models often incorporate the benefits of maintaining Indigenous language, cultural practices and recognition of Indigenous Elders as a part of the provision of child and family services. If coordination agreements are concluded to support the implementation of these Indigenous child and family services laws and Indigenous child and family services models, Indigenous Services Canada also provides funding to support the delivery of culturally-appropriate child and family services programming.

As of March 31, 2024, ten Indigenous child and family services laws came into force via the framework of the Act since January 1, 2020. Additionally, six coordination agreements and one bilateral agreement were completed to support Indigenous governing bodies in exercising jurisdiction.

In 2023-24, four Indigenous child and family services laws came into force and there were 21 active coordination agreement discussion tables to support Indigenous governing bodies wanting to exercise jurisdiction via the framework of the Act.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Economic and Fiscal Snapshot: $542M over five years; Budget 2021: $73.6M over four years; Budget 2022: $87.3M over three to five years; Various funding sources: $1.29B- Funding allocated for various term lengths (up to ten years) starting over different fiscal years; Budget 2024: $1.8B over eleven years
Funding Source: Various
Partners: National Indigenous Organizations; Regional Indigenous Organizations; Indigenous, Federal, provincial and territorial governments; and First Nation, Inuit and Métis Indigenous governing bodies
Related Calls for Miskotahâ: 29, 34, 36
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.8, 12.10, 12.11, 12.14, 16.14, 16.16, 16.17, 16.18, 17.3, 17.4, 17.16, 17.17, 17.18

First Nations Child and Family Services Program

Progress to date

The First Nations Child and Family Services Program reform contributes to addressing Call for Justice 12.7.

The objective of the First Nations Child and Family Services Program is to support thriving children, youth, young adults, families and communities by funding eligible recipients to deliver prevention and protection services such as child protection, guardianship and support and child maintenance and care for children and families ordinarily resident on reserve or in the Yukon; and to deliver First Nations Representative Services.

The First Nations Child and Family Services Program's revised terms and conditions, which were developed in collaboration with First Nations partners that are parties to the human rights complaint about the program, continue to improve aspects of the program that were determined by the Canadian Human Rights Tribunal to be discriminatory. Changes to the First Nations Child and Family Services Program emphasize that children and family well-being, including, the safety and best interests of the child(ren) are paramount and that cultural and linguistic connections should be upheld. These changes also help to ensure that the First Nations Child and Family Services Program aligns with the principle of cultural continuity set out in An Act respecting First Nations, Inuit and Métis children, youth and families which must be followed by all service providers delivering child and family services to Indigenous children across Canada. 

Per the First Nations Child and Family Services Program's terms and conditions, eligible expenditures related to Indigenous languages and culture include:

  • Protection and Post-Majority Care: Interpretation costs including cultural and First Nations language supports to ensure the delivery of culturally appropriate services.
  • Prevention: Assistance for children and families to support and facilitate the maintenance and enhancement of community connections by coordinating access to culture and language programs, including one-on-one assistance to strengthen families.
  • First Nation Representative Services: Program delivery costs and family support services including supporting specific needs for children, youth, and families at risk of becoming involved with the child and family services system and those already involved in the child and family services system. This includes assistance for children and families to support and facilitate reunification, repatriation, maintenance and enhancement of community connections by coordinating access to culture and language programs, including one-on-one assistance to strengthen families.
Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Budget 2021: $1B over 5 years and $118.7M ongoing
Funding Source: Budget 2021
Partners: First Nations; First Nations child and family services agencies; Parties to the Canadian Human Rights Tribunal complaint regarding the Program; National First Nation organizations;
Regional First Nation organizations; and provincial and territorial governments and agencies
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.2 v, 1.3, 2.2ii, 2.3, 12.2, 12.3, 12.4, 12.5, 12.6, 12.8, 12.10, 12.11, 12.14

12.8: End the practice of targeting and apprehending infants through hospital alerts or birth alerts

2023-24 Updates

  • An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) came into force on January 1st, 2020. The Act includes a section on preventing the apprehension of Indigenous children at the time of their birth. It is up to service providers to apply this standard.
  • The service providers funded through the First Nations Child and Family Services to deliver services to First Nations children and families ordinarily resident on reserve and in the Yukon are obligated to follow the principles and national standards set out in An Act respecting First Nations, Inuit and Métis children, youth and families (the Act). The Act includes standards to prevent the apprehension of Indigenous children at the time of their birth.

Initiatives

Implementing An Act respecting First Nations, Inuit and Métis children, youth and families

Progress to date

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) contributes to addressing Call for Justice 12.8  by setting out national minimum standards which apply throughout Canada in the provision of child and family services in relation to Indigenous children. As per Section 14 (2) of the Act, "[to] the extent that providing a prenatal service that promotes preventive care is consistent with what will likely be in the best interests of an Indigenous child after he or she is born, the provision of that service is to be given priority over other services in order to prevent the apprehension of the child at the time of the child's birth."

The provisions of the Act came into force on January 1, 2020 and it is up to the service providers to apply these standards.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Economic and Fiscal Snapshot: $542M over five years; Budget 2021: $73.6M over four years; Budget 2022: $87.3M over three to five years; Various funding sources: $1.29B - Funding allocated for various term lengths (up to ten years) starting over different fiscal years; Budget 2024: $1.8B over eleven years
Funding Source: Various
Partners: National Indigenous Organizations; Regional Indigenous Organizations; Indigenous, Federal, provincial and territorial governments; and First Nation, Inuit and Métis Indigenous governing bodies
Related Calls for Miskotahâ: 29, 34, 36
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.10, 12.11, 12.14, 16.14, 16.16, 16.17, 16.18, 17.3, 17.4, 17.16, 17.17, 17.18

First Nations Child and Family Services Program

Progress to date

The First Nations Child and Family Services Program contributes to addressing Call for Justice 12.8 as service providers funded through this program are obligated to apply the standards set out in An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) which came into force on January 1, 2020. As per Section 14 (2) of the Act, "[to] the extent that providing a prenatal service that promotes preventive care is consistent with what will likely be in the best interests of an Indigenous child after he or she is born, the provision of that service is to be given priority over other services in order to prevent the apprehension of the child at the time of the child's birth."

Significant investments have been made in prevention over the last several years, including most recently with the implementation of the immediate measures. Additionally, Indigenous Services Canada has worked with First Nations partners to adjust the Program terms and conditions to ensure that they are as comprehensive and clear as possible, including in relation to eligible prevention activities and expenditures.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Budget 2021: $1B over 5 years and $118.7M ongoing
Funding Source: Budget 2021
Partners: First Nations; First Nations child and family services agencies; Parties to the Canadian Human Rights Tribunal complaint regarding the Program; National First Nation organizations; Regional First Nation organizations; and provincial and territorial governments and agencies
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.2 v, 1.3, 2.2ii, 2.3, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.10, 12.11, 12.14

12.10: Adopt the Canadian Human Rights Tribunal 2017 CHRT 14 standards regarding the implementation of Jordan's Principle in relation to all First Nations (Status and non-Status), Métis and Inuit children, and modify funding formulas for the provision of services on a needs basis, with prioritization given to family support, reunification, and prevention of harms, and respecting the principle of substantive equality

2023-24 Updates

  • The unique, holistic, and community-driven process that has been put in place for groups, communities, or peoples to move towards the development of laws and exercise of jurisdiction over child and family services under the framework of An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) includes fiscal arrangements that are sustainable, needs-based and consistent with the principle of substantive equality. Although no new coordination agreements or associated fiscal arrangements were completed in 2023-24, there were 21 active coordination agreement discussion tables.
  • The First Nations Child and Family Services Program is undergoing reform, including reforms to its funding formula which had been found by the Canadian Human Rights Tribunal to be discriminatory. As part of the long-term reform of the First Nations Child and Family Services Program, Indigenous Services Canada continued to fund the immediate measures and capital based on actuals. Additionally, Indigenous Services Canada provided funding top-ups to existing funding received by First Nations child and family services agencies and First Nations for information technology, emergencies, results, and adjustments for remoteness and poverty. Indigenous Services Canada also flowed to First Nations a portion of the housing funding commitment that was included in the Agreement-in-Principle on the long-term reform of the First Nations Child and Family Services Program.

Initiatives

Implementing An Act respecting First Nations, Inuit and Métis children, youth and families

Progress to date

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) contributes to addressing Call for Justice 12.10. The Act is aligned with Canadian Human Rights Tribunal standards regarding the implementation of Jordan's Principle in the sense that is sets out national principles, including best interests of the child, cultural continuity and substantive equality, which apply throughout Canada in the provision of child and family services in relation to Indigenous children. Additionally, as per Section 9 (3) (e) of the Act, " in order to promote substantive equality between Indigenous children and other children, a jurisdictional dispute must not result in a gap in the child and family services that are provided in relation to Indigenous children." Section 14 of the Act also requires service providers to give priority to preventive care and Section 16 requires them to prioritize family unity, including that the service providers conduct a reassessment on an ongoing basis, of whether it would be appropriate to place the child with an adult family member. The unique, holistic, and community-driven process that has been put in place for groups, communities, or peoples to move towards the development of laws and exercise of jurisdiction over child and family services under the framework of the Act includes fiscal arrangements that are sustainable, needs-based and consistent with the principle of substantive equality.

In terms of the application of the national principles and standards and alignment with 2017 CHRT 14, the provisions of the Act came into force on January 1, 2020 and it is up to the service providers to follow these principles and standards.

As of March 31, 2024, 7 coordination agreements were completed to support Indigenous governing bodies in exercising jurisdiction over child and family services, all of which included fiscal arrangements that were needs based and consistent with the principle of substantive equality.

As of March 31, 2024, although no new coordination agreements or associated fiscal arrangements were completed in 2023-24, there were 21 coordination agreement discussion tables.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Economic and Fiscal Snapshot: $542M over five years; Budget 2021: $73.6M over four years; Budget 2022: $87.3M over three to five years; Various funding sources: $1.29B - Funding allocated for various term lengths (up to ten years) starting over different fiscal years; Budget 2024: $1.8B over eleven years
Funding Source: Various
Partners: National Indigenous Organizations; Regional Indigenous Organizations; Indigenous, Federal, provincial and territorial governments; and First Nation, Inuit and Métis Indigenous governing bodies
Related Calls for Miskotahâ: 29, 34, 36
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.11, 12.14, 16.14, 16.16, 16.17, 16.18, 17.3, 17.4, 17.16, 17.17, 17.18

First Nations Child and Family Services Program

Progress to date

This First Nations Child and Family Services Program contributes to addressing Call for Justice 12.10. The Program is undergoing reform, including reforms to its funding formula which had been found by the Canadian Human Rights Tribunal to be discriminatory.

The goal of the First Nations Child and Family Services reform is to ensure First Nations children, youth, young adults and families have access to culturally-based and substantively equal public services that meet their needs and community circumstances. To do this, Indigenous Services Canada will design, test and implement a new evidence-informed funding approach.

The new evidence-informed funding approach will provide First Nations, delegated agencies and First Nations-authorized service providers with non-discriminatory, stable and predictable funding. This will allow them to deliver services and supports to promote family wellness and address the factors linked to the over-representation of First Nations children in care. Examples of these services include:

  • culturally appropriate interventions and supports for children and young people with high needs, through services like counselling by youth workers and respite care
  • supports for parents experiencing multi-generational trauma and addictions, like:
    • family-based treatment
    • cultural supports
    • family reunification

The long-term reform of First Nations Child and Family Services is essential in:

  • reducing the number of First Nations children in care
  • keeping children connected to their families, communities and cultures
  • ensuring that First Nations children, youth and young adults have access to the services they need, when they need them

On December 31, 2021, the Assembly of First Nations, Caring Society, Chiefs of Ontario, Nishnawbe Aski Nation and the Government of Canada signed an Agreement-in-Principle on the long-term reform of the First Nations Child and Family Services Program. In April 2022, Canada started funding immediate measures (i.e. funding prevention and First Nations Representative Services on a per capita basis and post-majority support services up to the age of 26 based on actuals) as an early step toward the overall reform of the First Nations Child and Family Services Program. Indigenous Services Canada has also been funding the actual costs of capital assets to support the delivery of the First Nations Child and Family Services Program since January 2022, as per an order by the Canadian Human Rights Tribunal.

Services funded by the First Nations Child and Family Services Program must be delivered in accordance with the principles and standards set out in An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) which came into force on January 1, 2020. The principles included in the Act are the best interests of the child, cultural continuity, and substantive equality.

In 2023-24, as part of the long-term reform of the First Nations Child and Family Services Program, Indigenous Services Canada continued to fund the immediate measures and capital based on actuals. In early 2024, Indigenous Services Canada also provided funding top-ups to existing funding received by First Nations child and family services agencies and First Nations for information technology, emergencies, results, and adjustments for remoteness and poverty. Also, in early 2024, Indigenous Services Canada flowed to First Nations a portion of the housing funding commitment that was included in the Agreement-in-Principle on long-term reform.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Budget 2021: $1B over 5 years and $118.7M ongoing
Funding Source: Budget 2021
Partners: First Nations; First Nations child and family services agencies; Parties to the Canadian Human Rights Tribunal complaint regarding the Program; National First Nation organizations; Regional First Nation organizations; and provincial and territorial governments and agencies
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.2v, 2.2ii, 2.3, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.11, 12.14

12.11: Reform laws and obligations with respect to youth "aging out" of the child welfare system

2023-24 Updates

  • Although no new coordination agreements or associated fiscal arrangements via the framework of An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) were completed in 2023-24 to support the implementation of Indigenous child and family services laws and Indigenous child and family services models, there were 21 active coordination agreement discussion tables. The funding provided through the associated fiscal arrangements will include funding for post-majority support services to help ensure that youth that are aging out of care or that were formerly in care have support as they transition into adulthood.
  • As part of the ongoing reform of the First Nations Child and Family Services Program, Indigenous Services Canada continued to fund post-majority support services based on actuals up until the age of 26. The purpose of this funding is to support youth aging out of care and young adults formerly in care as they transition to adulthood.

Initiatives

Implementing An Act respecting First Nations, Inuit and Métis children, youth and families

Progress to date

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) contributes to addressing Call for Justice 12.11. The unique, holistic, and community-driven process that has been put in place for groups, communities, or peoples to move towards the development of laws and exercise of jurisdiction over child and family services includes committing to fiscal arrangements that are sustainable, needs-based and consistent with the principle of substantive equality. If coordination agreements are concluded to support the implementation of Indigenous child and family services laws and Indigenous child and family services models, Indigenous Services Canada also provides funding per the agreed upon fiscal arrangements to support the delivery of culturally-appropriate child and family services programming. This includes funding to deliver post majority support services to help ensure that youth that were formerly in care have support and greater success as they transition into adulthood. 

As of March 31, 2024, 7 coordination agreements were completed since the Act came into force on January 1, 2020. All of these coordination agreements had associated fiscal arrangements.

As of March 31, 2024, although no new coordination agreements or associated fiscal arrangements were completed in 2023-24, there were 21 coordination agreement discussion tables.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Economic and Fiscal Snapshot: $542M over five years; Budget 2021: $73.6M over four years; Budget 2022: $87.3M over three to five years; Various funding sources: $1.29B - Funding allocated for various term lengths (up to ten years) starting over different fiscal years; Budget 2024: $1.8B over eleven years
Funding Source: Various
Partners: National Indigenous Organizations; Regional Indigenous Organizations; Indigenous, Federal, provincial and territorial governments; and First Nation, Inuit and Métis Indigenous governing bodies
Related Calls for Miskotahâ: 29, 34, 36
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.10, 12.14, 16.14, 16.16, 16.17, 16.18, 17.3, 17.4, 17.16, 17.17, 17.18

First Nations Child and Family Services Program

Progress to date

The First Nations Child and Family Services Program reform contributes towards addressing Call for Justice 12.11. As an initial step towards the long-term reform of the Program, since April 2022, Indigenous Services Canada has been funding immediate measures, including post-majority support services based on actuals up until the age of 26. The purpose of this funding is to support youth aging out of care and young adults formerly in care as they transition to adulthood.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Budget 2021: $1B over 5 years and $118.7M ongoing
Funding Source: Budget 2021
Partners: First Nations; First Nations child and family services agencies; Parties to the Canadian Human Rights Tribunal complaint regarding the Program; National First Nation organizations; Regional First Nation organizations; and provincial and territorial governments and agencies
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.2 v, 1.3, 2.2ii, 2.3, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.10, 12.14

12.14: Establish more rigorous requirements for safety, harm-prevention, and needs-based services within care systems to prevent the recruitment of children in care into the sex industry and provide appropriate care and services for children who have been exploited or trafficked while in care

2023-24 Updates

  • An Act respecting First Nations, Inuit and Métis children, youth and families (the Act), which came into force on January 1st, 2020, sets out national minimum standards and principles (such as the best interests of the child, cultural continuity, and substantive equality), which are to be applied throughout Canada in the provision of child and family services to Indigenous children. Per the standards within the Act, services are to be provided in a manner that is needs-based and that prioritizes prevention rather than apprehension. Additionally, within the framework of the Act, Indigenous Services Canada funded 125 proposals that supported First Nations, Inuit and Métis communities, groups, and people and Indigenous governing bodies to develop capacity to implement their child and family service delivery plans, four Indigenous child and family services laws came into force, and there were 21 active coordination agreement discussion tables to support Indigenous governing bodies wishing to exercise jurisdiction.
  • Under the First Nations Child and Family Services Program, Indigenous Services Canada continued to fund the delivery of needs-based and culturally-appropriate child and family services (including prevention services, First Nations Representative Services, legislated protection services, and post-majority support services) to First Nations children, youth and families ordinarily resident on reserve or in the Yukon. Additionally, Indigenous Services Canada provided funding top-ups to existing funding received by First Nations child and family services agencies and First Nations for information technology, emergencies, results, and adjustments for remoteness and poverty. Indigenous Services Canada also flowed to First Nations a portion of the housing funding commitment that was included in the Agreement-in-Principle on the long-term reform of the First Nations Child and Family Services Program.

Initiatives

Implementing An Act respecting First Nations, Inuit and Métis children, youth and families

Progress to date

An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) contributes to addressing Call for Justice 12.14.

The purpose of the Act, which came into force on January 1, 2020, is to protect the well-being of Indigenous children, youth, and families by affirming Indigenous communities' jurisdiction over child and family services, establishing national principles (the best interests of the child, cultural continuity and substantive equality) and standards applicable across Canada in the delivery of child and family services to Indigenous children, and contributing to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples. The standards within the Act ensure that services are provided in a manner that is needs-based, takes into account the child's culture, allows the child to know their family origins, and promotes substantive equality. The standards also ensure that, so long as it is in alignment with the best interests of the child: service providers give notice to parents, guardians and the Indigenous governing body before any significant measures are taken and that they be given an opportunity to make representations during a civil proceeding in respect of the provision of child and family services; priority is given to preventive care over other services such as apprehension; children are not apprehended solely on the basis of their socio-economic conditions; reasonable efforts are made before apprehending a child and taking them away from a parent or other family members; and service providers prioritize the placement of an Indigenous child with a parent, other family member or community member where possible. It is up to service providers to follow the principles and standards within the Act.

As part of the implementation of the Act, a unique, holistic, and community-driven process has been put in place for groups, communities, or peoples to move towards the development of laws and exercise of jurisdiction. This process has included:

  • Distinctions-based governance engagement mechanisms for partners to discuss high-level policy issues relating to transition and effective implementation of the Act;
  • Funding to support First Nations, Inuit and Métis communities, groups, and people and Indigenous governing bodies develop capacity to implement their child and family service delivery plans;
  • Establishing tripartite coordination agreement discussion tables; and
  • Committing to fiscal arrangements that are sustainable, needs-based and consistent with the principle of substantive equality.

Through the fiscal arrangements, Indigenous Services Canada flows funding to Indigenous governing bodies to deliver culturally-appropriate and needs-based child and family services (which could include, for example, prevention, protection and post-majority support services) to Indigenous children and families across Canada. The goal of prevention services is to support addressing the structural drivers and underlying root causes of the over-representation of Indigenous children and families in the child welfare system through a service approach that recognizes historical and contemporary disadvantage, and contextual and cultural differences of Indigenous Peoples. The intention of protection services is to ensure children and youth are safe, well, healthy, and living free of harm or child maltreatment. The general purpose of post-majority support services is to provide youth aging out of care and young adults formerly in care with the resources, skills and support they need to achieve financial stability, independence and success as they transition into adulthood.

By increasing protective factors, reducing the need for Indigenous children to be placed in care, funding the delivery of needs-based services, supporting cultural continuity and family preservation, and better supporting Indigenous youth that are aging out of care and young adults that were formerly in care as they transition into adulthood, these reform measures should help to reduce the vulnerabilities of Indigenous youth to becoming victims of human trafficking and better address the needs of victims of human trafficking that may be in care.

Between January 2020 and March 31, 2024:

  • Indigenous Services Canada allocated over $205.9M in capacity-building funding to 224 Indigenous governing bodies (217 First Nation, 4 Inuit and 3 Métis) preparing to exercise jurisdiction via the framework of the Act;
  • Indigenous Services Canada received 91 notices to exercise jurisdiction and requests to enter into a coordination agreement from 77 Indigenous governing bodies (74 First Nation, 1 Inuit and 2 Métis) representing more than 110 First Nation, Inuit and Métis communities pursuant to section 20 of the Act;
  • Seven Indigenous governing bodies representing nine First Nations completed coordination agreements and fiscal arrangements to support the exercise of jurisdiction in relation to child and family services; and
  • Ten Indigenous laws came into force.

In fiscal year 2023-24 specifically:

  • 125 capacity-building proposals were funded;
  • Although no new coordination agreements were completed, there were 21 active coordination agreement discussion tables; and
  • Four Indigenous laws came into force for the following First Nations groups, communities or people:
    • Kitchenuhmaykoosib Inninuwug
    • Sts'ailes First Nation
    • Splatsin
    • Loon River First Nation #476, Lubicon Lake Band #453, and Peerless Trout First Nation #478
Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Economic and Fiscal Snapshot: $542M over five years; Budget 2021: $73.6M over four years; Budget 2022: $87.3M over three to five years; Various funding sources: $1.29B - Funding allocated for various term lengths (up to ten years) starting over different fiscal years; Budget 2024: $1.8B over eleven years
Funding Source: Various
Partners: National Indigenous Organizations; Regional Indigenous Organizations; Indigenous, Federal, provincial and territorial governments; and First Nation, Inuit and Métis Indigenous governing bodies
Related Calls for Miskotahâ: 29, 34, 36
Related Calls for Justice: 1.2 v, 1.3, 2.2 ii, 2.3, 12.1, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.10, 12.11, 16.14, 16.16, 16.17, 16.18, 17.3, 17.4, 17.16, 17.17, 17.18

First Nations Child and Family Services Program

Progress to date

The First Nations Child and Family Services Program contributes to Call for Justice 12.14. The First Nations Child and Family Services Program oversees, administers and provides funding for the ongoing provision of culturally appropriate prevention, including early intervention, and legislated protection services to respond to children at risk of harm or maltreatment, support family preservation and well-being, including cultural and linguistic connections for First Nations children, youth and families ordinarily resident on reserve or in the Yukon. The Program also funds post-majority support services for youth aging out of care and young adults formerly in care.

Services funded by the First Nations Child and Family Services Program must be delivered in accordance with the principles (best interests of the child, cultural continuity and substantive equality) and standards set out in An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) which came into force on January 1, 2020. Per the standards within the Act, services are to be provided in a manner that is needs-based and that prioritizes prevention rather than apprehension.

In April 2022, Indigenous Services Canada started funding immediate measures as an early step toward the overall reform of the First Nations Child and Family Services Program. These immediate measures included funding prevention services and First Nations Representative Services on a per capita basis and post-majority support services at actual costs up to the age of 26, or to the age as defined in provincial/Yukon legislation (whichever is greater).

In 2023-24, as part of the long-term reform of the First Nations Child and Family Services Program, Indigenous Services Canada continued to fund the immediate measures. Additionally, in early 2024, Indigenous Services Canada provided funding top-ups to existing funding received by First Nations child and family services agencies and First Nations for information technology, emergencies, results, and adjustments for remoteness and poverty. In early 2024, Indigenous Services Canada also flowed to First Nations a portion of the housing funding commitment that was included in the Agreement-in-Principle on the long-term reform of the First Nations Child and Family Services Program.

Under the First Nations Child and Family Services Program, First Nations children and youth in care have access to several supports and services. Although they are not limited to victims of human trafficking, it is possible that some who access the services are victims.

Funding and partner information

Lead Department: Indigenous Services Canada
Funding Amount: Budget 2021: $1B over 5 years and $118.7M ongoing
Funding Source: Budget 2021
Partners: First Nations; First Nations child and family services agencies; Parties to the Canadian Human Rights Tribunal complaint regarding the Program; National First Nation organizations; Regional First Nation organizations; and provincial and territorial governments and agencies
Related Calls for Miskotahâ: N/A
Related Calls for Justice: 1.2 v, 1.3, 2.2ii, 2.3, 12.2, 12.3, 12.4, 12.5, 12.6, 12.7, 12.8, 12.10, 12.11

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