OTTAWA — First Nations leaders are split over next steps after a landmark $47.8 billion child welfare reform deal with Canada was struck down, prompting differing legal opinions from both sides.
The Assembly of First Nations and a board member of the First Nations Child and Family Caring Society have received competing legal opinions on potential ways forward.
Khelsilem, a chairperson from the Squamish Nation who penned a resolution that defeated the deal in October, critiqued the stance of Ontario First Nations by saying they negotiated a"bad agreement" for First Nations outside the province and now that chiefs want to go back to the table for a better deal, they want to split from the process entirely.
The agreement was meant to cover 10 years of funding for First Nations to take control of their own child welfare services from the federal government. In the legal review from Fasken, it appears as though the assembly asked for direction on how to get"rid" of two resolutions used to vote down the deal, with an employee of the firm saying they can review the resolutions together if they want them both gone, or they can"leave room for compromise" with one of the resolutions.
The legal reviews from Fasken, dated Nov. 15, argue that the October resolutions on child welfare require a significant review of who voted for them, along with changes to the organization's charter should they be implemented. The firm also wrote that there were alleged conflicts of interest during the October vote, saying"numerous proxies were also employees, shareholders, directors, agents or otherwise had a vested interest" in the First Nations child and family service agencies whose interests were the subject of the resolutions voted the deal down.
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