A New Chapter for First Nations Children in Ontario: CHRT Approves OFA and Reaffirms the Importance of Self-Determination
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Posted by Shelby Percival
- Posted in BlogsNews
“This is for our children” is not a slogan. It is a responsibility.
Today, that responsibility has been affirmed.
On March 30, 2026, the Canadian Human Rights Tribunal (“CHRT” or “Tribunal”) issued its decision approving the Ontario Final Agreement (“OFA”), marking a historic and transformative moment for the First Nations Child and Family Services (“FNCFS”) Program in Ontario. In doing so, the CHRT recognized the significance of a First Nations-led framework grounded in the real needs, realities, and rights of First Nations children, youth, and families. The Tribunal found that the OFA satisfies its orders to eliminate systemic discrimination in Ontario’s FNCFS Program and reform the 1965 Agreement, provided it is implemented with proper safeguards and accountability measures.
This decision follows final submissions delivered on February 26, 2026, by the Moving Parties, Nishnawbe Aski Nation (“NAN”), the Chiefs of Ontario (“COO”), and Canada. One (1) year after Ontario First Nations Chiefs gathered to ratify the agreement, they returned united before the CHRT not only to advocate, but to affirm a path forward. Today’s ruling confirms that path.
Valued at $8.5 billion over nine (9) years (now eight years remaining), the OFA represents a long-overdue transformation of the FNCFS Program in Ontario. The Tribunal’s approval affirms a funding model built on actual needs, including critical recognition of the realities facing remote communities. For NAN, this includes the successful incorporation of remoteness adjustments that ensure that the significantly higher costs of delivering services in northern and isolated communities are no longer ignored. Funding structures of this kind have never before reflected this level of precision or responsiveness.
Importantly, the CHRT’s decision reinforces a central and long-fought principle: that First Nations must have the authority to design and deliver child and family services in ways that reflect their own laws, cultures, and priorities. The OFA creates the foundation for that shift, moving away from externally imposed systems toward community-driven solutions.
This moment is the culmination of years of advocacy. Almost a decade ago today, in May of 2016, NAN (represented by Falconers LLP) secured standing before the CHRT to ensure that the voices of remote First Nations communities were heard. Through sustained leadership, strategic advocacy, and principled negotiation, that effort has now helped deliver a result that will shape generations to come.
While the CHRT’s approval marks a defining milestone, it is not the end of the journey. The true measure of this achievement will lie in its implementation. Ensuring that the commitments made in the OFA translate into meaningful, on-the-ground change for children, youth, and families will require continued vigilance, partnership, and accountability.
Still, today stands as a powerful testament to what can be achieved through unity, persistence, and an unwavering commitment to putting children first. Critically, the Tribunal’s original cease-and-desist order from 2016 (referred to as the Merits Decision, 2016 CHRT 2) remains permanently in force. Canada acknowledges its ongoing obligation to ensure that discrimination has been eliminated and does not recur, as stated in paragraph 74 of the OFA. The Tribunal emphasized that this order is non-negotiable and cannot be contracted away. Further, Canada cannot use resource allocation or the Financial Administration Act to justify discrimination. The principle of substantive equality must guide implementation, ensuring the real needs of First Nations children and families are met.
Julian Falconer, Meaghan Daniel, Erin McMurray, Jordan Tully, and David Schwartz of Falconers LLP are honoured to have supported NAN throughout this process and to have contributed to a result aimed at achieving real systemic change for First Nations children and families, particularly those in remote communities.
A copy of NAN’s press release can be found here.
A copy of the CHRT’s decision with reasons to follow can be found here.
A copy of the Ontario Final Agreement can be found here.
Media Coverage
• APTN News (March 30, 2026) – “Canadian Human Rights Tribunal approves deal that promises to reform First Nations child welfare system in Ontario”
• Karyn Pugliese, APTN News (Mar. 3, 2026) – “Chiefs of Ontario and Nishnawbe Aski Nation hope Tribunal will approve child welfare agreement”
• Tanya Talaga, The Globe and Mail (Dec. 11, 2025) “Ontario’s $8.5-billion child-welfare deal must pass without further delay”
• Chiefs of Ontario and Nishnawbe Aski Nation Commit to a Better Future for Children – Nishnawbe Aski Nation (Feb. 26, 2025)
• Chiefs of Ontario and Nishnawbe Aski Nation Commit to a Better Future for Children – Chiefs of Ontario (Feb. 26, 2025)
• Final settlement agreement on Compensation and Agreement-in-Principle for long-term reform of First Nations Child and Family Services and Jordan’s Principle (Updated Feb. 26, 2025)
• Assembly of First Nations Congratulates Nishnawbe Aski Nation and Chiefs of Ontario on Ratifying Final Agreement on Long-Term Reform of First Nations Child and Family Services Program in Ontario – Assembly of First Nations
• Karyn Pugliese, APTN News (Feb. 26, 2025) – “Chiefs in Ontario vote in favour of federal child welfare reform deal”
• Brett Forester, CBC News (Feb. 26, 2025) – “Ontario First Nations approve $8.5B regional deal on child and family services reform | CBC News”
• The Canadian Press (Feb. 27, 2025) – “Ontario First Nation Chiefs vote to finalize federal child welfare reform deal”
• Canada News Release (Jan. 7, 2025) – “Chiefs of Ontario, Nishnawbe Aski Nation, and Canada to negotiate a Final Agreement putting children and families first”
• AFN News Release (Jan. 7, 2025) – “National Chief Cindy Woodhouse Nepinak Responds to Canada’s Decision on the Long-Term Reform of First Nations Child Welfare”
• Karyn Pugliese, APTN News (Jan. 8, 2025) – “Why chiefs in Ontario are the only ones getting an agreement on reforming child welfare”
• Tanya Talaga, The Globe and Mail (Jan. 8, 2025) – “The end of Justin Trudeau doesn’t mean the end of important work – including child welfare reform”
