On January 21, 2020, Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families (the Act) came into force. The Act sets out how Indigenous groups can enact laws and exercise their jurisdiction over child and family services.
Co-developed with Indigenous partners, the Act contributes to the implementation of both the United Nations Declaration on the Rights of Indigenous Peoples, and the Truth and Reconciliation Commission of Canada’s Calls to Action on child welfare. The Act represents a significant recognition of the inherent right of self-government that allows Indigenous Groups to design and deliver child and family services, while also establishing national principles on cultural continuity and substantive equality.
The Act provides Indigenous Groups who have developed their own child and family services laws with two options:
Option 1: An Indigenous government can exercise their jurisdiction by sending notice of their intention to do so to Indigenous Services Canada and the relevant provincial or territorial government. Under this option, federal, provincial or territorial laws will prevail over an Indigenous group’s laws in the event of a conflict.
Option 2: An Indigenous government can request to enter into a “coordination agreement” with Indigenous Services Canada and the relevant provincial or territorial government. The coordination agreement addresses emergency services, support measures and funding arrangements, among other things. Once a coordination agreement is concluded, an Indigenous group’s laws will prevail over federal, provincial or territorial laws.
The Act also sets out minimum standards that apply to all First Nations, Inuit and Métis child and family service providers. Indigenous laws must be consistent with both the minimum standards set out in the Act as well as the Canadian Human Rights Act.
If your community is considering creating their own child and family services law, DGW Law can help take you through the steps of the process and deal with the government agencies involved. Contact John Gailus at john@dgwlaw.ca or call 250-361-9469 for more details.