AFN Executive Committee’s March 31, 2025 letter to the Tribunal re long-term reform
Press Release
March 31, 2025
Dear Panel:
RE: First Nations Child and Family Caring Society et al v. Attorney General of Canada
Tribunal File: T1340/7008
We write to you today on behalf of the Assembly of First Nations (“AFN”) Executive Committee to formally retract the letter submitted to the Tribunal on March 24, 2025 by Mr. Adam Williamson, Senior In-House Counsel for the AFN.
The letter in question was sent without the requisite authorization from the AFN Executive Committee. As such, it does not reflect the official position of the AFN in this matter. In light of this, we respectfully request that the Tribunal remove the March 24 letter from the official record of this proceeding.
The AFN would also kindly request an extension of time to file our submissions and evidence on this matter as well as the Caring Society’s consultation motion, from today (March 31, 2025) until Friday, April 4, 2025.
In the interim, we wanted to advise the Tribunal that the AFN is in agreement with the First Nations Child and Family Caring Society’s (“Caring Society”) March 24, 2025 submission that the main obstacle to long-term reform is Canada’s refusal to (i) continue consultations, and (ii) meaningfully engage in the dialogic approach in relation to continuing to develop a national agreement on long-term reform of First Nations child and family services, with regional variations which substantively address the distinct circumstances, cultures, and inherent rights of First Nations children and families (“LTR Agreement”).
1671 rue Principale Street, Madawaska Maliseet First Nation, NB E67C 1W6
The AFN has reviewed the National Children’s Chiefs Commission’s (“NCCC”) correspondence requesting that Canada immediately re-engage with the NCCC, AFN Executive, and the Caring Society to complete negotiations of a LTR Agreement. The AFN agrees with the NCCC’s statement in its February 21, 2025 letter that: “[t]he enclosed table confirms the NCCC’s view that a national LTR Agreement is within reach, and merely requires Canada to return to the negotiation table to work with the NCCC, the AFN Executive, and the Caring Society in good faith to deliver the justice that all First Nation children and families deserve.” In particular, the AFN would like to draw the Tribunal’s attention to that table, which outlines the NCCC’s views on: “(i) the ten high-level, outstanding issues with the LRT Agreement which must be addressed before the LTR Agreement is finalized; (ii) Canada’s position on each outstanding issue, as set out in the draft LTR Agreement; (iii) the NCCC’s proposal on how to resolve each outstanding issue; and (iv) the NCCC’s views on whether each outstanding issue can be readily resolved.”
We have enclosed the NCCC’s correspondence with Canada for ease of reference.
The AFN shares the Caring Society and the Panel’s concerns in connection with the delay in achieving long-term reform. However, there is now a clear pathway forward to concluding a national LRT Agreement.
Read together, the NCCC’s correspondence with Canada on this issue and the Caring Society’s position on this motion that “The Research is Ready” and “The Caring Society is Ready”, suggests to the AFN that what is required here is for the Tribunal to order Canada to return to the table to work collaboratively and in good faith with the NCCC, AFN Executive, and the Caring Society to close the remaining gaps on a national LTR Agreement and to report back periodically to the Tribunal on their progress and to seek the Tribunal’s guidance where necessary.
The AFN remains committed to working collaboratively and transparently in all matters before the Tribunal. We regret any confusion or inconvenience this may have caused and appreciate the Tribunal’s attention to this request.
Please do not hesitate to contact us should you require any further clarification. Respectfully,
Regional Chief, Assembly of First Nations – NB
First Nations Child and Family Services Portfolio Holder (506)737-7018
ILR5
