Current Reality
The 2021 census also found that 3.2 per cent of Indigenous children in Canada were in foster care, compared to just 0.2 per cent of non-Indigenous children in Canada.
Indigenous children accounted for more than half of all children in foster care, at 53.8 per cent, despite representing only 7.7 per cent of children 14 and under in Canada.
Progress on reducing the overrepresentation of Indigenous children in care can be viewed through three distinct lenses: Federal, Provincial and the Candian Human Rights Tribunal.
Federal Actions
April 5, 2023: A revised final settlement agreement now totalling more than $23 billion was reached by the Assembly of First Nations (AFN), Moushoom and Trout class actions plaintiffs, the First Nations Child and Family Caring Society, and Canada to compensate those harmed by discriminatory underfunding of the First Nations Child and Family Services program and those impacted by the federal government’s narrow definition of Jordan’s Principle.
April 7, 2022 – Budget 2022 announced $4B over 5 years to support long-term reforms to improve implementation of Jordan’s Principle and $280M over 5 years to support implementation of Indigenous child welfare laws.
Provincial Actions
Feb. 10, 2022: The Court of Appeal of Québec ruled that Bill C-92 “is constitutional, except for ss. 21 and 22(3), which are not”. These sections deal with the right of Aboriginal self-government and the regulation of Child and Family Services. The provincial governments of Alberta, Manitoba and the Northwest Territories also support the Québec appeal and argue that Bill C-92 infringes on provincial jurisdiction
Birth Alerts:
Since Sept. 16, 2019 six provinces have abandoned the use of Birth Alerts to apprehend Indigenous children at birth: BC (Sept. 16, 2019), Ontario (Oct. 15, 2020), Manitoba (June 30, 2020), PEI (Feb. 5, 2021), Saskatchewan (Feb 1, 2021) and New Brunswick (Oct. 29, 2021). Currently, Newfoundland and Labrador, Nova Scotia and Quebec practice birth alerts.
Canadian Human Right Tribunal
Jan. 25, 2023: Federal officials are expected to begin “intense confidential discussions” on Feb. 7 and 8 to re-work the $20-billion compensation agreement that was rejected last fall by the Canadian Human Rights Tribunal
Dec. 20, 2022: CHRT released its full decision (2022 CHRT 41) regarding the proposed final settlement agreement on compensation which elaborates on its letter-decision of October 24, 2022
Oct. 24: CHRT announces that it will not endorse the AFN-Canada Final Settlement Agreement as it does not “fully” satisfy the compensation orders
July 4, 2022: Assembly of First Nations and Canada signed a $20B Final Settlement Agreement to compensate First Nations individuals harmed by discriminatory underfunding of the First Nations Child and Family Services program and the federal government’s narrow definition of Jordan’s Principle. With respect to long-term reform of the First Nations Child and Family Services program, Parties are working hard at reaching a final settlement agreement to ensure a solid, reformed system to end the discrimination found by the Tribunal.