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

The students in the Timberline Musical Theatre program rehearse this year’s production, Once Upon a Mattress, three days per week after school in preparation for next month’s virtual performances. Photo by Mike Davies/Campbell River Mirror
Timberline’s popular musical goes online for 2021

Once Upon a Mattress will be streamed right to your living room thanks to school’s AV department

A health-care worker prepares a dose of the Pfizer-BioNTech COVID-19 vaccine at a UHN COVID-19 vaccine clinic January 7, 2021. THE CANADIAN PRESS/Nathan Denette
Employers might be able to require COVID-19 vaccination from employees: B.C. lawyer

‘An employer must make the case’ using expert science, explains lawyer David Mardiros

An Atlantic salmon is seen during a Department of Fisheries and Oceans fish health audit at the Okisollo fish farm near Campbell River, B.C. in 2018. The First Nations Leadership Council says an attempt by industry to overturn the phasing out of salmon farms in the Discovery Islands in contrary to their inherent Title and Rights. (THE CANADIAN PRESS /Jonathan Hayward photo)
First Nations Leadership Council denounces attempt to overturn salmon farm ban

B.C.’s producers filed for a judicial review of the Discovery Islands decision Jan. 18

A fire broke out near the Willow Point Bottle Depot early on Jan. 22. Photo courtesy Ashley Laycock
Two injured in early-morning fire in Campbell River

Sailboat fire also attended by Campbell River fire crews

Terrance Josephson of the Princeton Posse, at left, and Tyson Conroy of the Summerland Steam clash during a Junior B hockey game at the Summerland Arena in the early spring of 2020. (John Arendt - Summerland Review)
QUIZ: How much do you know about hockey?

Test your knowledge of Canada’s national winter sport

Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

A woman injects herself with crack cocaine at a supervised consumption site Friday, Jan. 22, 2021 in Ottawa. THE CANADIAN PRESS/Adrian Wyld
Drug users at greater risk of dying as services scale back in second wave of COVID-19

It pins the blame largely on a lack of supports, a corrupted drug supply

Wet’suwet’en supporters and Coastal GasLink opponents continue to protest outside the B.C. Legislature in Victoria, B.C., on Thursday, February 27, 2020. THE CANADIAN PRESS/Chad Hipolito
‘We’re still in it’: Wet’suwet’en push forward on rights recognition

The 670-km Coastal GasLink pipeline was approved by B.C. and 20 elected First Nations councils on its path

The sky above Mt. Benson in Nanaimo is illuminated by flares as search and rescuers help an injured hiker down the mountain to a waiting ambulance. (Photo courtesy Nanaimo Search and Rescue)
Search plane lights up Nanaimo mountain with flares during icy rope rescue

Rescuers got injured hiker down Mt. Benson to a waiting ambulance Saturday night

Jennifer Cochrane, a Public Health Nurse with Prairie Mountain Health in Virden, administers the COVID-19 vaccine to Robert Farquhar with Westman Regional Laboratory, during the first day of immunizations at the Brandon COVID-19 vaccination supersite in Brandon, Man., on Monday, January 18, 2021. THE CANADIAN PRESS/Tim Smith - POOL
Top doctor urges Canadians to keep up with COVID measures, even as vaccines roll out

More than 776,606 vaccines have been administered so far

From the left: Midway RCMP Csts. Jonathan Stermscheg and Chris Hansen, Public Servant Leanne Mclaren and Cpl. Phil Peters. Pictured in the front are Mclaren’s dog, Lincoln and Peters’ dog, Angel. Photo courtesy of BC RCMP
B.C. Mounties commended for bringing firewood to elderly woman

Cpl. Phil Peters said he and detachment members acted after the woman’s husband went to hospital

Dr. Jerome Leis and Dr. Lynfa Stroud are pictured at Sunnybrook Hospital in Toronto on Thursday, January 21, 2021.THE CANADIAN PRESS/Frank Gunn
‘It wasn’t called COVID at the time:’ One year since Canada’s first COVID-19 case

The 56-year-old man was admitted to Toronto’s Sunnybrook Health Sciences Centre

An Uber driver’s vehicle is seen after the company launched service, in Vancouver, Friday, Jan. 24, 2020. Several taxi companies have lost a court bid to run Uber and Lyft off the road in British Columbia. THE CANADIAN PRESS/Darryl Dyck
Taxi companies lose court bid to quash Uber, Lyft approvals in British Columbia

Uber said in a statement that the ruling of the justice is clear and speaks for itself

Most Read