On July 7, 2020, National Chief Bellegarde signed a Protocol with Minister of Indigenous Services Marc Miller, which confirms a First Nations distinctions-based approach to implementing An Act respecting First Nations, Inuit and Métis children, youth and families. The Chiefs Committee on Child and Family Services and Self-Determination (Chiefs Committee) has reviewed and supported the draft Protocol between the Assembly of First Nations (AFN) and Indigenous Services Canada (ISC).
The Protocol is a mechanism to ensure First Nations play a key role in the development of principles and processes related to the new Indigenous child and family services legislation and that it does not impede on First Nations inherent rights or jurisdiction. Further updates will be provided as more information on next steps is determined.
The Act affirms First Nations rights and jurisdiction over child and family services, including the authority of First Nations to establish laws grounded in their culture, beliefs and values, and sets out national standards and principles aimed to support First Nations child and family wellbeing. The Protocol is the first step in determining how the Act will be implemented, as determined by First Nations. Its main purpose is to define how Canada and the AFN will explore principles and processes that will support the transformation of First Nations child and family services and the inclusion of greater input, control and decision-making by First Nations.
In the Protocol, Canada and the AFN recognize that bilateral discussions on the implementation of the Act are necessary; however, they are not a substitute for Canada’s direct engagement with First Nations and their governing bodies on child and family services. The Protocol asserts that all bilateral work must respect the inherent rights, autonomy and authority of First Nations.
The Protocol also mentions the need to explore new fiscal relationships and funding models to support First Nations child and family services.