In 2007, the First Nations Child and Family Caring Society and the Assembly of First Nations filed a formal complaint against the Government of Canada. They alleged that child welfare services for First Nations children and families on-reserve were flawed, inequitable and discriminatory. 

The Canadian Human Rights Tribunal began hearing evidence in 2013. On January 26, 2016, it ruled in favour of the plaintiffs, concluding that First Nations children were being discriminated against. Many First Nations children were unnecessarily placed in out-of-home care due to  inequitable access to federally funded education, health, social and prevention services. Children with disabilities or complex service needs were especially at risk of child welfare placement, particularily on reserve, due to a lack of culturally appropriate and relevant services.

Compensation was awarded to First Nations children affected by the discriminatory implementation of child and family services. A proposed final settlement agreement for long-term reform of the First Nations Child and Family Services program was rejected by the Assembly of First Nations’ Special Chiefs Assembly. However, in February 2025, the Chiefs of Ontario and Nishnawbe Aski Nation accepted a separate Ontario-only reform agreement.

The CHRT continues to oversee negotiations and the implementation of its orders related to reforming Canada’s First Nations child welfare services. For more information, see the I Am a Witness campaign by the First Nations Child and Family Caring Society of Canada.