COO Responding Factum regarding the Caring Society’s Consultation Motion
Press Release
PART I – STATEMENT OF FACTS
⦁ Overview
⦁ This motion concerns consultations between Canada, the Assembly of First Nations (the
“AFN”), and the First Nations Caring Society of Canda (the “Caring Society”) on the national long-term reform of the First Nations Child and Family Services (“FNCFS”)
Program and Jordan’s Principle.
⦁ First Nations in Ontario organize and govern themselves through the Chiefs of Ontario
(“COO”) and Nishnawbe Aski Nation (“NAN”), in line with their rights to participate in decision-making on matters that affect their rights, through representatives chosen by themselves in accordance with their own procedures, as recognized and affirmed in Article 18 of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”).
⦁ The negotiation and ratification of the Final Agreement on Long-Term Reform of the First Nations Child and Family Services Program in Ontario (the “Ontario Final Agreement”) and Trilateral Agreement in Respect of Reforming the 1965 Agreement (the “Trilateral Agreement”) is the collective expression of the self-governance and self-determination rights of the First Nations in Ontario through COO and NAN.
⦁ The Ontario Final Agreement and Trilateral Agreement and their contents are not at issue or before the Tribunal in this motion. While the Caring Society has made its views public on the reforms proposed in the defeated national agreement, and therefore by extension on the reforms proposed in the Ontario Final Agreement, COO is pleased to see the Caring Society acknowledge in its materials that the dispute concerning negotiations on long-term reform nationally does not concern First Nations in Ontario, who have concluded their consultations and approval processes.
⦁ COO supports the efforts of First Nations leadership outside Ontario to reach an agreement that addresses their unique needs and aspirations. It is not for COO to determine what happens in other regions, and the inverse is also true: other regions should not interfere with COO’s aspirations nor the will of the Ontario Chiefs-in-Assembly.
⦁ As such, at this time and while COO pursues its own goals and directions, COO takes no position on the consultations between Canada, the AFN, and the Caring Society on the national long-term reform of the FNCFS Program or the path towards negotiations resuming on a national level. Since Jordan’s Principle consultations have not commenced,
COO understands the motion to be primarily about the FNCFS reform. COO expects to fully participate in Jordan’s Principle reforms, including any consultations.
⦁ COO instead takes this opportunity to submit its views on the duty to consult, the honor of the crown, the recent Supreme Court decision Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan (“Pekuakamiulnuatsh Takuhikan”) and the recent Federal Court decision Indigenous Police Chiefs of Ontario v Canada (Public Safety), as requested by the Tribunal through its correspondence dated February 10, 2025. These are matters that are of considerable interest to COO and COO is pleased to provide its views to the Tribunal about these subjects.
⦁ Background
COO’s involvement in the long-term reform of the FNCFS program
⦁ COO is a political advocacy group for the 133 First Nations in Ontario. COO’s activities and advocacy are mandated through Resolutions passed by the Ontario Chiefs-in-Assembly. Guided by the Ontario Chiefs-in-Assembly, COO upholds the self-determination efforts of the Anishinaabek, Mushkegowuk, Onkwehonwe, and Lenape Peoples.
⦁ The implementation of adopted Resolutions is guided by the COO Leadership Council and the elected Ontario Regional Chief. The position of Ontario Regional Chief is currently held by Ontario Regional Chief Abram Benedict.
⦁ Children are the priority of the First Nations that belong to COO. COO has held many and varied mandates to address the discrimination against children resulting from Canada’s unequal funding of on-reserve First Nations child and family services.
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