The Assembly of First Nations is set to file a human-rights complaint against the federal government, Chief Phil Fontaine said Monday, adding that Ottawa must end its "systemic discrimination" of underfunding aboriginal child-welfare services.

"Our children need action now, so I am announcing today [Monday] that we are putting governments on notice that a lack of action should be viewed as putting children at risk," Fontaine said to the International Congress on Ethics in Gatineau, Que.

Assembly of First Nations Chief Phil Fontaine said Monday that government underfunding is a big reason 27,000 aboriginal children are in foster care.
(CBC)

One in 10 aboriginal children is in foster care, compared with one in 200 non-aboriginal children.

As well, the assembly says, child-welfare agencies for First Nations get 22 per cent less money than those that deal with non-aboriginal children.

Fontaine said that because child-services agencies are underfunded, agencies are instead spending their resources on taking children away from their parents.

The lack of funding and support is the reason 27,000 aboriginal children are in foster homes, he said.

"Such systemic discrimination must end," Fontaine said. "This situation for children in care must end. I have always said that I would rather negotiate than litigate or demonstrate. But if this is the only way to bring attention and action to the situation, so be it."

The human-rights complaint is expected to be filed to the Canadian Human Rights Commission this month.

Complaint not political: Fontaine

Fontaine later told reporters that the timing of the complaint has nothing to do with politics.

"It's not because we have a Conservative government in power that has caused us to take this action. This has been building up over a number of years and successive governments," he said.

Fontaine said about $107 million in additional funding is needed.

"We're not talking about something that's going to break the bank, we're talking about a situation that's entirely affordable."

The commission does not have the authority to force the government to act.

But Fontaine said a victory would be a "very compelling argument" for his case.

The complaint could also be followed by class-action lawsuits on behalf of children and Charter of Rights and Freedoms challenges in the courts.

With files from the Canadian Press