Toronto Star – A First Nation in Alberta says it’s been nearly three months since it was supposed to take legal control of its own child welfare but the provincial government won’t recognize the arrangement made possible by federal legislation. “(Alberta) won’t recognize it at all. They won’t sign co-ordination agreements,” said Darin Keewatin, executive director of Asikiw Mostos O’pikinawasiwin Society, a child welfare organization for the Louis Bull Tribe.

The tribe asked to enter an agreement with Alberta and Canada in October 2020 under a federal law that was proposed in Bill C-92 and was enacted the previous year. It allows First Nations, Inuit and Métis communities to have jurisdiction over child and family services. The law says a three-party agreement should be reached within a year of a request. If an agreement has not been reached, but reasonable efforts were made, the child welfare laws designed by the Indigenous group come into play and supersede provincial or territorial ones.
Louis Bull Tribe’s law came into effect in October, but Keewatin said Alberta is not co-operating. “As soon as a tribe steps up to take responsibility and case manage their children, suddenly the ministry is saying, ‘Oh no, That’s not going to happen,’ ” he said.

Louis Bull’s law outlines the tribe’s protection and prevention services. That means cases involving Louis Bull children and families should be handed over to the society. Keewatin said the province hasn’t transferred all those cases. The province took control of talks from the beginning instead of respecting the community’s authority, he said. There were certain parts of the co-ordination agreement the province wanted resolved before signing it, he added.

Federal Indigenous Services Minister Patty Hajdu said talks have not reached a standstill yet, but they will if Alberta “is resolute in their opposition.” “I will continue to use every tool in my tool box to work with my provincial counterparts to help them move toward this model of self-determination.”
Criticism at the provincial level started before the federal legislation passed. Quebec opposed the law and filed a constitutional challenge that argued the law encroached on the province’s jurisdiction. Alberta had expressed concerns relating to liability, oversight and sharing of data.

As of March 2021, 71 per cent of children and youth receiving services in care were Indigenous despite only making up 10 per cent of the child population in Alberta.