Draft Child and Family Services Final Settlement Agreement Review Guide

July 2024

Contents
2 Most Important Elements to Look for
2 Key Word Searches
5 Financial Questions
9 Glossary

Most Important Elements to Look for

1. Purpose, definitions, funding structure, outcomes and enforcement (alternative dispute resolution aka ADR), transition (decision makers on when and if to transition and time frame to do so), and governance (who controls implementation?)

2. Term of agreement and what happens after for children
For the high level positions of the Caring Society on long-term reform of First Nations CFS to stop Canada’s discrimination towards First Nations children, youth, and families and ensure it does not happen again, click here.1

Key Word Searches

Alternative dispute resolution. What is its mandate, authority, and limitations? Who controls it? Who can access it? What resources and protections against retaliation are provided to those seeking relief? Are there mechanisms to ensure urgent relief (e.g., injunctions)? Can First Nations and First Nations CFSAs access other forms of juridical relief without prejudice? Is it effective at holding Canada accountable? How does it avoid being “pan-Indigenous?” How does it interface with the Courts and First Nations regional accountability mechanisms?

Capital. How is it defined? Is it capped? How are remote and rural communities accommodated?

Child in care. How is it defined? Is it broad enough to include children in customary care, kinship care, care by agreement, and removal?

Condition(al). Is this agreement conditional on any terms? If so what are they?

Duty to consult. How is this defined and does the agreement ensure sufficient provisions to ensure Canada discharges its obligations to First Nations?

Expert Advisory Committee. This is a pre-existing committee created by the Tribunal to provide recommendations to reform ISC. How is this committee membership determined? Look for who this committee reports to. Does it include Chiefs in Assembly or are there mediating bodies?

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