CHRT approves Ontario final agreement on First Nations Child and Family Services

On March 30, 2026, the Canadian Human Rights Tribunal issued a letter‑decision approving the Ontario Final Agreement (OFA) concerning the reform of on-reserve First Nations Child and Family Services (FNCFS) in Ontario. The decision was released on an urgent basis, with full reasons to follow, in response to a joint motion brought by the Assembly of First Nations, the Chiefs of Ontario (COO), Nishnawbe Aski Nation (NAN) and the Attorney General of Canada. The Tribunal determined that on-reserve First Nations children and communities would suffer prejudice if they were forced to wait for the full reasons to be issued, as they risked losing access to time‑sensitive program funding.

Background to the proceedings

In 2016 CHRT 2, the CHRT found that Canada’s funding and design of the on-reserve FNCFS Program, including the 1965 Indian Welfare Agreement in Ontario, constituted systemic racial discrimination under the Canadian Human Rights Act, RSC 1985 c H-6. The Tribunal concluded that underfunding and policy choices contributed to the unnecessary removal of on-reserve First Nations children from their families and communities, perpetuating historical and ongoing harm. Canada was ordered to cease its discriminatory practices, reform the program based on substantive equality, and fully implement Jordan’s Principle. The Tribunal strongly encouraged the parties to negotiate remedies including on the issue of compensation; however, in the absence of a negotiated agreement, the CHRT retains jurisdiction to make systemic long-term orders to eliminate the systemic discrimination found.

Over the following years, the Tribunal issued numerous remedial and interim orders. It consistently emphasized that the mass removal of on-reserve First Nations children was the most egregious harm flowing from the discriminatory system and that Canada’s obligation to end discrimination was permanent and ongoing.

The DRAFT Final Agreement on the Long-Term Reform of the First Nations Child and Family Services (FNCFS) Program

On October 17, 2024, Chiefs and community leaders gathered from across Canada at the Special Chiefs Assembly hosted by the Assembly of First Nations to vote on a draft national Final Agreement on the Long-Term Reform of the First Nations Child and Family Services Program. The National Draft Final Agreement was proposed to ensure culturally grounded on-reserve FNCFS, enabling communities to design and deliver programs rooted in their traditions, languages and laws. The National Draft Final Agreement required Canada to provide $47.8 billion in funding to address many of the issues identified in the 2016 CHRT 2 decision.

At that meeting, 267 out of 414 Chiefs voted in favour of re-negotiating the agreement citing issues including lack of consultation with the individual First Nation communities, the type of funding included in the National Draft Final Agreement which was not statutory funding and therefore would be subject to appropriations by Parliament, the fact that the agreement was for a 10 year term creating uncertainty following that period and the transition of funding related disputes from the CHRT to a new internal Dispute Resolution Process.

On January 10, 2025, following this rejection of the National Draft Final Agreement, the Assembly of First Nations issued a bulletin advising they were informed by Canada that it did not have a further mandate for national-level negotiations for FNCFS long term reform but was committed to moving forward with an Ontario regional agreement.

FNCFS long-term reform outside of Ontario

In 2025 CHRT 80, due to the significant delay in coming to a negotiated agreement on the national long-term reform of FNCFS, the CHRT ordered Canada, the First Nations Child and Family Caring Society and the Assembly of First Nations to move forward on a national long-term reform of FNCFS and submit either a joint plan or separate plans by December 22, 2025. The CHRT encouraged the parties to submit a single plan and informed the parties that if they submitted separate plans, it would consider both of the plans and then impose a final order to ensure implementation of long-term reform of FNCFS outside of Ontario. This process has proceeded separately from the negotiations of the OFA.

To date, no CHRT order on the national long-term reform of FNCFS has been issued.

The Ontario Final Agreement

The OFA is an $8.5-billion agreement, which is substantially the same as the National Draft Final Agreement; however, it has been adjusted to be Ontario specific. It supports prevention-focused care and community control, includes funding for capital, post-majority supports and representative services and commits $250 million for housing to keep children safely at home.

The OFA arises from the CHRT proceedings and establishes an eight‑year framework to reform the federally funded FNCFS Program in Ontario, with an emphasis on preventing harm, community‑based decision-making and First Nations control over child and family services. The OFA includes mid‑term and end‑of‑term review mechanisms and commits the parties to work toward a successor program following its expiry in 2034.

The Tribunal found that the OFA responds to Ontario’s distinct historical and institutional context, including the legacy of the 1965 Agreement, and reflects extensive evidence and research developed over the course of the proceedings.

Tribunal findings and approval of the OFA

In approving the OFA, the Tribunal acknowledged concerns regarding unclear wording and accountability safeguards but concluded that further delay would undermine urgently needed reform thereby risking harm to children and families. The Tribunal accepted the interpretation of the OFA’s wording as understood by the parties who negotiated the agreement and found that the OFA works to satisfy Canada’s obligation to cease discrimination in Ontario. The Tribunal expressly noted that its interpretation of the OFA incorporates the fundamental safeguards intended to permanently end systemic racial discrimination. The Tribunal further wrote that its findings in this regard should be used as a “foundational instrument for interpreting the OFA.”

Importantly, the Tribunal confirmed that approval of the OFA does not extinguish Canada’s underlying human rights obligations. The permanent “cease‑and‑desist” order remains in force during and after the OFA’s term and Canada remains accountable under the Canadian Human Rights Act. The OFA is a mechanism for implementing reform rather than a replacement for Canada’s ongoing legal duties regarding reconciliation.

The approval of the OFA represents a significant transition toward long‑term, First Nations‑driven reform grounded in self‑determination and substantive equality in Ontario.

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