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Minister of Indigenous Services Mandy Gull-Masty speaks during a press conference at the National Press Theatre in Ottawa on Monday, Dec. 22, 2025. THE CANADIAN PRESS/Spencer Colby

Human rights tribunal approves massive child welfare deal for Ontario First Nations

Mar 30, 2026 | 11:30 AM

OTTAWA — The Canadian Human Rights Tribunal has approved a landmark First Nations child welfare deal between the federal government and First Nations in Ontario, partially ending a decades-long discrimination case.

Monday’s decision comes after chiefs across the country twice voted down a national $47.8 billion deal proposed by the federal government to reform the child welfare system.

The tribunal said it chose to issue a “letter decision” ahead of a formal decision to come later, so that First Nations in Ontario do not lose a full year of funding under the agreement. It said it reserves the right to make changes to the letter decision after its release.

“In choosing to work with the (Chiefs of Ontario) and the (Nishnawbe Aski Nation), and in recognizing their rightful authority to make decisions for their own children, Canada is taking an important step toward reversing a history marked by racist, paternalistic, colonial, and assimilationist policies embedded in systemic and racially discriminatory structures, including child and family services,” the decision reads.

“First Nations in Ontario are ready, and they have chosen to exercise their right to self-determination by requesting this agreement. They are the ones who represent their children.”

The decision marks a step toward resolving a dispute that began in 2007, when the Assembly of First Nations and the First Nations Child and Family Caring Society filed a joint human rights complaint about federal child welfare funding.

In a ruling on that complaint in 2016, the Canadian Human Rights Tribunal concluded the federal government had discriminated against First Nations children by underfunding the on-reserve child welfare system. It ordered reforms.

In 2024, chiefs twice voted down the federal government’s offer of $47.8 billion to reform the national child welfare system, saying it didn’t go far enough to eliminate discrimination.

Chiefs in Ontario — whose representatives with Nishnawbe Aski Nation and Chiefs of Ontario took part in the negotiations that led to the $47.8 billion national deal — voted in favour of a separate provincial deal last year that is largely in line with the national deal the chiefs rejected.

Ontario Regional Chief Abram Benedict said at the time they couldn’t wait for a national agreement while their children continued to be harmed by the child welfare system.

First Nations chiefs in Ontario were expected to speak about the decision Monday afternoon in Toronto, while Indigenous Services Minister Mandy Gull-Masty was set to hold a press conference in Ottawa the same day.

Two competing deals to reform the child welfare system outside of Ontario were presented to the tribunal in December — one from the federal government and one drafted by First Nations leaders.

Gull-Masty said in an interview at the time the government was introducing new components to the deal and allowing regions to decide for themselves how to invest in things like prevention programming or information technology.

The federal child welfare plan proposal offers $35.5 billion in funding to 2033-34, followed by an ongoing commitment of $4.4 billion annually.

This report by The Canadian Press was first published March 30, 2026.

The Canadian Press