Minister’s office reviewing tribunal order on First Nations child welfare

OTTAWA — Indigenous Services Minister Mandy Gull-Masty’s office says she is reviewing a Canadian Human Rights Tribunal order for parties involved in a decade-long First Nations child welfare case to resume talks to reform the system after an impasse.

The order comes nine years after the tribunal concluded the federal government discriminated against First Nations children by underfunding the on-reserve child welfare system, following a joint 2007 human rights complaint from the Assembly of First Nations and the Caring Society.

The tribunal said Ottawa’s underfunding was discriminatory because it meant kids living on-reserve were given fewer services than those living off-reserve.

It tasked Canada with reaching an agreement with First Nations to reform the system, and with compensating children who were torn from their families and put in foster care.

But in the years since that decision, progress to reach an agreement has been met with several roadblocks, culminating in a $47.8 billion deal that was twice rejected by First Nations last year and Ottawa telling the tribunal in May the requests being put onto it were “unreasonable.”

In an order published on Aug. 20, the tribunal said the impasse cannot continue, and ordered Ottawa and First Nations to resume talks.

Gull-Masty’s spokesperson said she will review the order in the coming days, and that Ottawa is working toward coming to the “best possible deal” for First Nations children.

“This file is critical, and one that we must continue to push forward, together. If that means returning to the negotiating table, then we must comply to ensure a better future for our children,” said Livi McElrea.

This report by The Canadian Press was first published Aug. 23, 2025.