Funding Conditions Threaten First Nations’ Child‑Welfare Jurisdiction

Taykwa Tagamou Nation Chief Bruce Archibald told CBC Indigenous that Canada’s latest funding reforms are blocking his community’s attempt to reclaim jurisdiction over child welfare under law C‑92. He said the measures leave his people “ignored and disheartened.”

On August 6, Indigenous Services Canada sent Archibald a letter saying that any on‑reserve child‑welfare funding will be tied to Canada’s broader program reforms – reforms his nation has not approved.

Law C‑92, passed in 2019, gives First Nations the legal right to create and enforce their own child‑welfare legislation, but the law requires a “co‑ordination agreement” before the federal government will release money to implement it.

Since C‑92 was enacted, only sixteen coordination agreements have been signed. Ottawa is now launching an $8.5 billion rollout aimed at Ontario First Nations to support the transition to self‑governed child‑welfare systems.

Children’s‑rights advocate Cindy Blackstock warned that the funding approach keeps financial control with the federal government, which could erode the jurisdiction promised by C‑92 and harm Indigenous children.

Archibald’s six‑page open letter to Indigenous Services Minister Mandy Gull‑Masty listed ten questions about the new terms, arguing that “recognition of jurisdiction without the means to implement it is not reconciliation.”

The minister’s office replied that the government remains committed to returning decision‑making power to First Nations, but it did not answer the specific funding concerns raised by Archibald.

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