Federal Legislation on Indigenous Child Welfare – Bill C-92
SUMMARY:
- On February 28, 2019 Indigenous Services Canada Minister Seamus O’Regan introduced federal legislation on Indigenous child welfare (Bill C-92) that recognizes First Nations jurisdiction over child and family services.
- The proposed legislation was developed with input by the Assembly of First Nations (AFN) legislative working group, comprised of First Nations leaders, technicians and experts from across the country, drawing on years of advocacy and direction.
The initiative to develop this legislation was announced on November 30, 2018 by AFN National Chief Perry Bellegarde, the former Indigenous Services Canada Minister and leaders of the Inuit Tapiriit Kanatami and Métis National Council.
Our children are sacred. They are gifts from the Creator. They are the focus and center of our nations, and they deserve every opportunity to fulfil their dreams and succeed. Decades of underfunding and misguided approaches have harmed our children and families. Outdated laws and policies have created a situation where our children are grossly over-represented in the child welfare system. We need comprehensive reform across the system, and federal legislation is an essential piece of this reform.
On February 28, the federal government introduced legislation on Indigenous child welfare that recognizes our jurisdiction over child and family services. This follows years of pressure and advocacy for action and reform. It is a major step toward regaining responsibility over our children.
Bill C-92, An Act respecting First Nations, Inuit, and Métis Children, Youth and Families, was introduced in Parliament by Indigenous Services Canada Minister Seamus O’Regan. The AFN legislative working group, comprised of First Nations leaders, technicians and experts from across the country, had direct input into the development of this legislation. The group drew from years of advocacy and direction to secure key clauses in respect to jurisdiction and prevention. With a focus on the safety, security and future of First Nations children, this legislation recognizes First Nations jurisdiction to build systems based on First Nations governance, laws and policies. It is about recognizing First Nations jurisdiction as paramount over federal and provincial jurisdiction. The goal is prevention over apprehension, and keeping our children close and connected to their cultures, healthy and loving families and nations.
The recognition of our jurisdiction is a critical and essential element of reform. The legislation recognizes the right of First Nations to be responsible for child welfare as an inherent right under section 35 of Canada’s Constitution. Based on First Nations direction, this legislation helps fill the “box of rights” in section 35.
There are two provisions in the proposed legislation that are key to First Nations and will take effect as soon as the law is passed – family unity, and automatic standing. Family unity means that every placement of an Indigenous child can be reassessed under the new law. Automatic standing means that a family member will have legal standing in any cases before the courts and First Nations representatives may make representations to courts.
This legislation does not infringe on any existing agreements or impede existing processes that First Nations are working on, including recent agreements in regions across the country. Many First Nations have already built successful child welfare systems or are in the process of doing so. This legislation will give every First Nation the ability to build a system based on their laws, values and priorities. Every government – federal, provincial and territorial – must work together with First Nations to ensure a seamless transition that supports and recognizes First Nations jurisdiction and ensures no child is left behind.
One area that requires continued advocacy is funding and investments to support our systems. As you know, legislation never contains specific dollar amounts but this legislation does reference the need for funding in the preamble. We must continue to advocate for the inclusion of explicit funding provisions that provide for equitable and sustained funding for First Nations. We will continue to push on all fronts for the right investments to ensure our children are safe, secure and enjoy a fair start in life to pursue every opportunity before them.
I am proud of the efforts to date by everyone involved and want to see this legislation passed before the parliamentary session ends this June. There is some urgency to this work and I look forward to working with you to realize this longstanding goal.
This legislation is truly a new chapter for our children and families – one where we write the laws, policies and values that apply to our children regardless of where they reside. It’s time to end the epidemic of apprehension and ensure our children grow up with a strong connection to their families, nations, cultures and languages. We can and will create a better day for our children and families.
The AFN is conducting a full review and analysis of the proposed legislation and we will make it available once complete.