First Nations children are being taken from loving homes and put in foster care. This is happening in Ontario as well. In Ontario, First Nations children are 5 times more likely to be investigated by child and family services (CFS), 9 times more likely to have an ongoing file opened for them by CFS, and 14 times more likely to be separated from their families. This is not because they are being abused. Children from First Nations and other Indigenous families are actually less likely to be abused compared to non-Indigenous children. However, they are more likely to suffer from poverty, from physical and mental health issues and disabilities that aren't being properly treated, from caretakers struggling due to issues and disabilities that aren't properly treated, intimate partner violence against their parent, less social supports, and things like that. 

It is clear that families of First Nations children who are being taken from their homes are trying their best to raise their children well. They are trying their best, but they are not being given the help they need. First Nations children are more likely to suffer from self harm, suicidal thoughts, attachment issues, physical and mental health issues, and struggles in school. 11% of them live in unsafe housing (compared to 4% of non-Indigenous children). And families are more likely to struggle to pay for transportation, phone bills, utilities, food, and other necessities. And instead of being given the services and help they need, they get their children taken away because of these issues that aren't properly treated and out of their control. 

So first of all, it's clear that services for First Nations people in Ontario - both on and off reserve but especially on reserves - need to be greatly expanded and improved if we are to succeed at keeping every child with their family who loves them. But child and family services (CFS) specifically needs to be able to give families the help they need in order to stay together and properly care for their children. Child and family services (CFS) should be given the resources, funding, capacity building, and support needed to deliver prevention services that help children get their needs met while keeping families together. 

Currently, CFS does not have the funding, tools, and capacity to do so. In Ontario, the federal government provides money to the provincial government to pay for child and family services on reserves. On reserves, children are receiving really unequal CFS compared to off reserve. Off reserve, the system is still not enough to meet children's needs, because Indigenous children and families usually have much higher needs due to the historic and ongoing genocide and the racism and discrimination found throughout all parts of society. Child and family services off reserve are not culturally appropriate for First Nations children as well. All CFS agencies in Ontario are governed by the same laws despite serving different communities with different situations, needs, and cultures. 

In 2016, the Canadian Human Rights Tribunal ruled that Canada was discriminating against First Nations children when it comes to child and family services. Canada has still not stopped the discrimination. However, there have been some negotiations between Canada and the First Nations parties that sued them. Originally, the Chiefs of Ontario and Nishnawbe Aski Nation were part of the many First Nations groups involved in the creation of a system for national reform. However, since the Canadian Human Rights Tribunal could only rule about on-reserve CFS delivery, these two groups broke off to create the draft Ontario Final Agreement with the government of Canada. This agreement, if it is approved by the Tribunal, will govern child and family services for First Nations people in Ontario. It could also be used as a base to make the national final agreement, which is what the government of Canada wants to do. 

However, there are a lot of major problems with the draft Ontario Final Agreement. First of all, many First Nations communities and nations in Ontario were not consulted or involved in the creation of this Agreement, and they did not have their concerns taken seriously. According to two Ontario First Nations nations, the Ontario Final Agreement does not provide lasting reform, it fails to address discrimination and funding inequalities within First Nations child and family services, it overlooks the challenges involved in delivering services to remote communities, and it was developed without meaningful engagement. Experts agree that this Agreement fails to create adequate accountability measures for Canada, and many critical elements are unable to permanently stop discrimination. 

Another major problem with the Ontario Final Agreement is that it will get rid of the Canadian Human Rights Tribunal's orders and jurisdiction when it comes to Ontario. This is a very dangerous thing since the Tribunal's orders are necessary to create a permanent end to the discrimination, and the Tribunal needs to maintain jurisdiction until they are sure that the discrimination has ended for good. Overriding their orders and jurisdiction would allow the government of Canada to escape accountability. The Canadian Human Rights Tribunal has been an incredibly valuable and necessary partner in creating a better situation for First Nations children. 

It is especially dangerous, therefore, that Canada wants to apply the Ontario Final Agreement to the rest of Canada.

And another horrific thing that the Canadian government is doing is trying to pressure the Tribunal to accept the draft Ontario Final Agreement by withholding funding to child and family services agencies. They are withholding money that these underfunded agencies need in order to help families meet their real needs and keep families together. And they hope that this will pressure the Canadian Human Rights Tribunal to accept the inadequate and ineffective draft Ontario Final Agreement, which would harm generations of children. 

Because of all these problems, many nations, confederacies, Indigenous rights groups, and child and family service agencies in Ontario and all over Canada want interested party status in the legal process of the negotiations. Most of them deserve it due to the fact that they and their people will be affected by these negotiations either directly or indirectly. 

Ultimately, an actually good Final Agreement for Ontario can be reached. We just need to start fresh with new negotiations and ensure that all Ontario First Nations communities are involved in the negation process, with their opinions and desires being incorporated.