Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020, to sign a protocol agreement to advance First Nations’ exercise of jurisdiction over child and family services. THE CANADIAN PRESS/Sean Kilpatrick

Perry Bellegarde, National Chief of the Assembly of First Nations, takes part in an event on Parliament Hill in Ottawa on Tuesday, July 7, 2020, to sign a protocol agreement to advance First Nations’ exercise of jurisdiction over child and family services. THE CANADIAN PRESS/Sean Kilpatrick

Provinces pose challenge to Indigenous child-welfare reform: Bellegarde

It’s partly a response to a long history of off-reserve authorities removing Indigenous children from their communities

National Chief Perry Bellegarde of the Assembly of First Nations says provincial governments that want to cling to their authority over child welfare are one of the biggest barriers to implementing new legislation giving Indigenous communities control over their children’s well-being.

Bellegarde and Indigenous Services Minister Marc Miller signed what they called a “protocol agreement” in Ottawa Tuesday that is the next step in implementing Bill C-92. That bill, which passed last year and took effect on Jan. 1, recognizes the inherent right Indigenous communities have to oversee child-welfare services.

“That’s one of the biggest challenges is getting the premiers and the territorial governments to accept that there is a jurisdiction that needs to be respected,” he said.

It’s partly a response to a long history of off-reserve authorities removing Indigenous children from their communities in the name of protecting them.

Under the bill, Indigenous organizations and governments can develop their own child-welfare laws and programs, in agreements reached with the federal government. Tuesday’s document outlines how some of those discussions will happen, including regular meetings between Ottawa and Indigenous governments.

Bellegarde said, however, that the provinces have to be part of the conversation, because it’s provincial government services that are most affected. In Canada, Ottawa provides the funding for child protection services on reserves but those services are governed by provincial laws and in most cases, provided by provincial agencies.

Bill C-92 will change that, setting national standards in federal law that will require child welfare services provided to First Nations, Metis and Inuit children put children’s best interests first, including preserving their culture, language, religion and heritage, and recognizing the importance of having an ongoing relationship with their community.

Some provinces are wary or flat-out reject the bill. Quebec has gone to court to the challenge the law as unconstitutional, while Manitoba has expressed concern about how parallel systems will co-operate, including with child-abuse registries and the provincial court system.

Miller said he believes the law is constitutional.

He also said funding is going to require a conversation with provincial governments. Provincial governments do fund services for Indigenous children living off reserves, but some organizations and communities will want to introduce their own programs regardless of where their kids are living, which may require transfers of both federal and provincial funds.

Miller said the goal has to be how to make things better, not to fight over jurisdiction.

“I would prefer to be in a discussion as to who is doing the best job by Indigenous children and not who has the right to continue to be doing a miserable job, which is what we’ve been doing up to now,” he said.

Miller did not, however, put any new money on the table. The Assembly of First Nations estimated last year that at least $3.5 billion over five years will be needed to properly implement Bill C-92.

Chronic underfunding for Indigenous child welfare services led the Canadian Human Rights Tribunal to rule in 2016 that the federal government was discriminating against First Nations children.

Providing enough money so social services can work with families to prevent kids from being put in foster care is one of the key needs. That lack of service is one of the reasons Indigenous children are more likely to be taken away from their parents than non-Indigenous children are.

About eight per cent of children in Canada are First Nations, Inuit or Metis but they account for more than half the kids in care, and as many as 90 per cent in Manitoba.

Miller said Tuesday he wants the budget to be determined by what is needed as communities and organizations take the steps to create their own programs.

For First Nations child-welfare advocate Cindy Blackstock, the new law is meaningless without specific, targeted funding for communities to protect their own children.

The executive director of the First Nations Child and Family Caring Society, which brought the challenge that led to the 2016 human-rights ruling, said the lack of any actual dollars is a big red flag that this will be nothing more than lip service.

“Children’s lives didn’t change today,” she said.

Blackstock noted the Liberal government, like the Conservative one before it, fought the accusation it wasn’t funding First Nations kids equally and has not fully responded to the tribunal’s repeated orders to fix that.

Mia Rabson, The Canadian Press


Like us on Facebook and follow us on Twitter.

Child welfareIndigenous

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A man wearing a face mask to prevent the spread of COVID-19 walks past a mural in Vancouver on Monday, Nov. 30, 2020. THE CANADIAN PRESS/Marissa Tiel
212 new COVID-19 cases in Interior Health over the weekend

A total of 490 cases remain active; 15 in hospital

(Metro Creative Photo)
Hey kids, time to write up some holiday magic

The contest is open to students and home-schooled students

Wood chips and a pile of scrap metal is what's left of the District of Clearwater's chip silo as an early morning fire broke out at the Dutch Lake Community Centre Saturday morning. The mayor said in a Facebook post the DOC does have a secondary heating system. (Stephanie Hagenaars photo)
Early morning fire takes DOC chip silo

The blaze was contained to the DLCC external heating system and corner of gym

Japanese knotweed plants are pretty, like broom, but are just as relentlessly invasive. (Submited)
TNRD looks to expand invasive plant program to municipalities

The TNRD’s 11 municipalities are currently not part of the invasive plant program

An animal at large, such as a dog running elsewhere than on the property of its owner, is one of many restrictions under the District of Clearwater's animal control bylaw. (Pixabay)
Facebook post causes stir around animal control

A resolution passed at the Nov. 3 District of Clearwater regular council… Continue reading

A B.C. Ambulance Service paramedic wearing a face mask to curb the spread of COVID-19 moves a stretcher outside an ambulance at Royal Columbia Hospital, in New Westminster, B.C., on Sunday, November 29, 2020. THE CANADIAN PRESS/Darryl Dyck
B.C. records deadliest weekend of COVID-19 pandemic with 46 deaths; more than 2,300 cases

Provincial health officer Dr. Bonnie Henry provides COVID-19 update

Peter Beckett. ~ File photo
Supreme Court of Canada to decide if it will hear appeal in 2010 wife murder trial

Peter Beckett has stood trial twice for murder in connection with the death of his wife, Laura Letts-Beckett

Tabor Home in Abbotsford. (Ben Lypka/Abbotsford News)
B.C.’s largest COVID-19 care-home outbreak records 19 deaths, 147 cases

Tabor Home in Abbotsford has been battling outbreak since Nov. 4

Ash and Lisa Van carry a freshly cut Christmas tree while wearing personal protective masks at a Christmas Tree Farm in Egbert, Ontario, Sunday, Nov. 29, 2020 THE CANADIAN PRESS/ Cole Burston
‘Everyone wants a tree and they want it now’: Christmas tree sales on pace for record

Anticipated demand for Christmas trees has sparked a rush by some to purchase more trees wholesale

Business groups have been advocating for years that local approvals for construction in B.C. are too long and restricted, and that B.C.’s outdates sales tax deter business investment. (Black Press Media file photo)
B.C. residents worried about COVID-19 deficit, business survey finds

Respondents support faster local approvals, value added tax

The first of two earthquakes near Alaska on the morning of Tuesday, Dec. 1, 2020, is shown in blue. (USGS)
No tsunami risk after two earthquakes near Alaska

Both earthquakes hit near the U.S. state on Dec. 1

THE CANADIAN PRESS/Nathan Denette
B.C. researchers launch study to test kids, young adults for COVID-19 antibodies

Kids and youth can often be asymptomatic carriers of the novel coronavirus

Paramedics register patients at a drive through, pop-up COVID-19 test centre outside the Canadian Tire Centre, home of the NHL’s Ottawa Senators, in Ottawa, Sunday, Sept. 20, 2020. A new poll suggests most Canadians aren’t currently worried that people in other countries might get a COVID-19 vaccine first. THE CANADIAN PRESS/Justin Tang
Canadians not worried other countries will get COVID-19 vaccine first: poll

Forty-one per cent of respondents say they want the vaccine to be mandatory for all Canadians

Fossil finds at Mt. Stephen. (Photo: Sarah Fuller/Parks Canada)
Extreme hiking, time travel and science converge in the Burgess Shale

Climb high in the alpine and trace your family tree back millions of years – to our ocean ancestors

Most Read