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
December 2, 2022
In Progress
Previous Status
October 16, 2022
In Progress
Latest updates
Site last updated on November 25, 2022
Provincial/Territory Commitments to Child Welfare
B.C. passes historic legislation to uphold Indigenous jurisdiction over child welfare
NationTalk: VICTORIA – B.C. child and family welfare laws now respect and uphold the inherent rights of Indigenous communities to provide their own child and……
November 25, 2022
Bill C-92
B.C. gives Indigenous groups control over child welfare
The B.C. government’s move means it will no longer have a role in welfare of Indigenous children and B.C.’s children’s watchdog can get involved only……
October 29, 2022
Bill C-92
Enhanced child services on the way in Kanesatake
First People’s Law: Penticton Herald – The Kanesatake Health Center (KHC) has received a major boost for child and family programming following a landmark settlement……
October 24, 2022
Bill C-92
NWT to amend Child and Family Services Act to align with Bill C-92 “Child Welfare Act”
The Department of Health and Social Services is seeking feedback from Indigenous governments, organizations that work with children, youth and families at risk as well……
April 5, 2022
Bill C-92
Wabaseemoong Independent Nations sign Child Welfare Coordination Agreement
NetNewsLedger – In an historic first in Ontario, Chief Waylon Scott, Wabaseemoong Independent Nations, the Honourable Patty Hajdu, Federal Minister of Indigenous Services, the Honourable Dr. Merrilee Fullerton, Ontario Minister……
March 11, 2022
Bill C-92
Québec Court of Appeal finds sections of Bill C-92 unconstitutional
CBC – The Quebec Court of Appeal issued a decision yesterday finding the law constitutional apart from two key sections that relate to Aboriginal self-government and……
February 11, 2022
Bill C-92
Refusal to sign Co-ordination Agreements with First Nations to implement Bill C-92
Government of Alberta has – so far – refused to sign coordination agreements with the Louis Bull First Nation in Alberta and the federal government……
January 10, 2022
Bill C-92
ISC RFP Funding Process
Today, the Honourable Marc Miller, Minister of Indigenous Services Canada, announced the launch of a call for proposals to support Indigenous Peoples, communities, and groups……
March 23, 2021
Indigenous Responses to Bill C-92
Assembly of First Nations Meetings on Child Welfare
AFN will be hosting a series of gatherings focused on First Nations child and family well-being: Jan. 19, 2021 – Introduction to an Act respecting……
January 19, 2021
Indigenous Responses to Bill C-92
Embracing the Children of Yesterday, Today and Tomorrow
Embracing the Children of Yesterday, Today and Tomorrow released by the Child and Family Services Act Advisory Committee with 149 specific “Required Actions” including what……
December 29, 2020