We call upon the federal government to enact Aboriginal child-welfare legislation that establishes national standards for Aboriginal child apprehension and custody cases and includes principles that:
- Affirm the right of Aboriginal governments to establish and maintain their own child-welfare agencies.
- Require all child-welfare agencies and courts to take the residential school legacy into account in their decision-making.
- Establish, as an important priority, a requirement that placements of Aboriginal children into temporary and permanent care be culturally appropriate.
Why “In Progress”
“Bill C-92 An Act respecting First Nations, Inuit and Métis children, youth and families” received Royal Assent on June 21, 2019
January 6, 2022: Indigenous Services Canada – “January 2022 marks the two-year anniversary of the coming into force of An Act respecting First Nations, Inuit and Métis children, youth and families (the Act). Since coming into force two years ago, 59 Indigenous governing bodies have submitted notices and requests concerning the exercise of jurisdiction in relation to child and family services, representing more than 120 Indigenous groups, communities and people. Of this, 18 coordination agreement discussion tables have been established. To date, the Government of Canada has provided over $56 million to 115 Indigenous groups preparing to undertake coordination agreement discussions.
April 7, 2022 – Budget 2022 invests in implementation of Indigenous child welfare laws:
- $340.8M over 10 years to support Wabaseemoong Independent Nations’ exercise of jurisdiction
- $87.3M over 3 years to enable Indigenous communities to continue to work with the federal, provincial and territory governments to support the implementation of Indigenous child welfare laws
Feb. 10,2022: The Court of Appeal of Québec ruled that Bill C-92 “is constitutional, except for ss. 21 and 22(3), which are not”. These sections deal with the right of Aboriginal self-government and the regulation of Child and Family Services. As Mary Ellen Turpel-Lafond, professor of law at the Peter Allard School of Law at the University of British Columbia says,” “The only kind of law that would be allowed under this decision is one that’s clearly subordinate to the provincial law…It’s a bit of a slam dunk for The Indian Act.”
The Quebec government challenged Bill C-92 in the Court of Appeal on Dec. 19, 2019 claiming that the Bill appropriates the “exclusive” jurisdiction of the provinces in matters of social services including over First Nations Child Welfare.
Current Status
In Progress
Call to Action
last updated
March 11, 2024
Latest updates
Indigenous Child Welfare Agencies
First Nations in northwestern Ontario taking ownership of child-family services on road to federal reform
Band rep program in Sandy Lake helps parents gain skills to support their children Members of Nishnawbe Aski Nation (NAN) and Sandy Lake First Nation……
March 11, 2024
Indigenous Child Welfare Agencies
Tsilhqot’in Nation aims for control of child and family services
TNG leaders, councils, frontline workers met for two days in Williams Lake 1 / 10 Drummers open a Tshilqot’in National Government meeting at the Cariboo Memorial Recreation Complex……
February 27, 2024
Bill C-92
Supreme court affirms Indigenous self-government, jurisdiction over child welfare laws
Quebec appeal of C-92 dismissed entirely. The Supreme Court of Canada says the federal law that gives control of child welfare services to First Nations,……
February 9, 2024
Govt. Commitments to Child Welfare
Simpcw expands prevention services to urban families through new agreement
NationTalk:VICTORIA – Simpcw First Nation is partnering with the Province on a two-year project focused on keeping families together through connections to their culture, language,……
October 5, 2023
Govt. Commitments to Child Welfare
U.S. Supreme Court affirms the constitutionality of Indian Child Welfare Act
The U.S. Supreme Court heard oral arguments Wednesday, Nov. 9, 2022, in Haaland v. Brackeen, a case that will decide if the ICWA is constitutional.……
June 15, 2023
Bill C-92
Koganaawsawin to host National Indigenous Child Well-Being Summit
NationTalk: ANISHINABEK NATION HEAD OFFICE (April 17, 2023) – First Nations across Canada are joining Koganaawsawin, the central coordinating body of the Anishinabek Child, Youth, and……
April 17, 2023
Bill C-92
Provinces need to come to the table as feds sign child welfare coordination agreements with First Nations
“It does leave a gap there and it leaves the potential to have conflicts of laws and cases before courts, which in the meantime have……
April 13, 2023
Govt. Commitments to Child Welfare
3 First Nations sign agreement with Ottawa, Alberta to take over child welfare
Loon River First Nation, Lubicon First Nation and Peerless Trout First Nation celebrate new agreement Three First Nations in northern Alberta have signed an agreement……
April 11, 2023
Indigenous Child Welfare Agencies
Notices and requests related to An Act respecting First Nations, Inuit and Métis children, youth and families
Section 25 of the Act respecting First Nations, Inuit and Métis children, youth and families (the Act) requires that certain information provided under section 20 be posted……
April 11, 2023
Govt. Commitments to Child Welfare
Kitchenuhmaykoosib Inninuwug celebrates First Nation-led family law, one of the few in Canada
First Nation just 2nd in Ontario to receive federal funds to operate its own family welfare agency Kitchenuhmaykoosib Inninuwug, a First Nation 600 kilometres north……
April 11, 2023
Background Content
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Cdn. Council of Child and Youth Advocates
The Canadian Council of Child and Youth Advocates (CCCYA) is an association of children’s advocates from across Canada who have mandates to advance the rights of children and youth and to promote their voice.