Question Period Note: Child and Family Services

The Act respecting First Nation, Inuit and Métis children, youth and families (the Act) marks a historic turning point for First Nations, Inuit, and Métis children and families.
It will finally put in place what Indigenous peoples across this country have been asking of governments for decades: that their jurisdiction over child and family services be affirmed so that they can decide what is best for their children, their families, and their communities.
We have been engaging with partners and have been developing tools and information to help all of us with the implementation of the Act.

Indigenous Services Canada (ISC)’s First Nations Child and Family Services (FNCFS) Program provides funding to support the safety and well-being of First Nation children on reserve. Funding is provided to FNCFS agencies, provinces and the Yukon Territory to support the delivery of prevention and protection services on-reserve. ISC does not deliver the services. These services are provided in accordance with the legislation and standards of the province or territory of residence and in a manner that is reasonably comparable to those available to other provincial residents in similar circumstances, within ISC’s Program authorities. Funding under the FNCFS Program is provided according to a prevention-based funding model.

In 2016, the Canadian Human Rights Tribunal (CHRT) found Canada’s FNCFS Program to be discriminatory and ordered Canada to immediately remedy the discrimination. On February 1, 2018, the Tribunal added items to its previous order, including paying the actual costs of FNCFS agencies in prevention and other areas. The Department is working closely with the parties to the complaint – the Assembly of First Nations, the First Nations Child and Family Caring Society, the Chiefs of Ontario, Nishnawbe Aski-Nation, the Canadian Human Rights Commission and Amnesty International – to fully implement the various orders of the Tribunal.
In January 2018, the Government of Canada hosted an Emergency Meeting on Indigenous Child and Family Services, with national and regional Indigenous leadership, as well as federal, provincial and territorial governments, to discuss the causes that lead to the high rate of Indigenous children in care and how to work together towards systemic reform. At that meeting, the Government announced its commitment to six points of action that included the potential for federal legislation, as called for in the Truth and Reconciliation Commission’s Call to Action #4; continuing to fully implement previous CHRT orders (from 2016 and prior to September 2019); reform First Nations child and family services including moving to a flexible funding model; and work with partners to shift the focus of programming to culturally-appropriate prevention, early intervention, and family reunification.
The Act respecting First Nations, Inuit and Métis children, youth and families (Act) was co-developed with Indigenous, provincial and territorial partners and received Royal Assent on June 21, 2019. The Act will come into force on January 1, 2020.
On February 21, 2019, the CHRT addressed a new complaint regarding the definition of a First Nations child for the purposes of implementing Jordan’s Principle, and issued an interim relief order stating that Canada “shall provide First Nations children living off reserve who have urgent and/or life threatening needs, but do not have (and are not eligible for) Indian Act status, with the services required to meet those urgent and/or life-threatening service needs, pursuant to Jordan’s Principle”.
On September 6, 2019, the CHRT released an Order on compensation. The Tribunal ordered Canada to pay the maximum amount of $40,000 ($20,000 for pain and suffering and $20,000 for willful and reckless conduct) per child and parent or grandparent. Canada is required to report back to the Tribunal by December 10, 2019, on a compensation process agreed to by the complainants. A failure to reach an agreement will result in the panel ordering one of its own creation. On October 4, 2019 the Attorney General of Canada filed a Notice of Application for Judicial Review and a Motion to stay with the Federal Court. The compensation ruling remains in effect unless it is stayed by the Federal Court. A decision on the application for judicial review is not expected until March 2020 at the earliest.
There are four orders to come from the CHRT on the following issues: 1) major capital; 2) band representative services actual costs; 3) small agencies; and 4) the definition of a First Nations child for the purposes of Jordan’s Principle.

What does this Act mean

When it comes into force, the Act’s national guiding principles will be applied by all who provide child and family services to First Nations, Inuit, and Métis families including Provinces, Territories, and service providers.
This will ensure that the best interests of the child, cultural continuity, and substantive equality are the guiding principles and priorities in any situation.
The Act also opens the door for First Nations, Inuit and Métis to choose their own solutions for their children and families by exercising their jurisdiction.
We must all work together to end this ongoing crisis impacting Indigenous children and families.

On Jurisdiction

The Act (respecting First Nation, Inuit and Métis children, youth and families ) affirms the jurisdiction of Indigenous Peoples over child and family services.
Indigenous governing bodies who wish to develop and enact their own laws, and have them be paramount over provincial and federal laws, can make a request to federal and provincial government to work together on coordination agreements.
After 12 months of discussions in good faith the Indigenous law would prevail over federal and provincial laws, whether or not a final agreement has been reached.

On Funding

Adopting this Act marked a historic turning point for Indigenous children and families.
It marks the first time we will work directly with Métis and Inuit on child and family services.
With this Act, we are laying out flexible pathways for Indigenous governing bodies to move forward with their own models and laws.
Funding will be discussed with partners through distinctions-based governance mechanisms and at coordination agreement tables.
We will continue to engage with partners to assess and address long-term funding needs.

On the transition

This historic Act was co-developed with our partners.
Its implementation will also be co-developed with our partners.
We are committed to exploring models for distinctions-based governance.
These distinctions-based models would be venues for partners to highlight issues relating to transition and effective implementation of the Act.
Further, we have been engaging with partners and have been developing tools and information to help all of us with the implementation of the Act.
We are dedicated to working in partnership towards the shared goal of ensuring the safety and well-being of Indigenous children.

On engagement/co-development process

Throughout the summer and fall of 2018, over 65 engagement sessions were held to help co-develop options and principles for the bill that was introduced in February 2019.
Throughout those engagements partners expressed loud and clear that the legislation needed to:
• affirm the jurisdiction of Indigenous families and communities over child and family services so that they are the ones to decide what is best for their children, and
• ensure that the best interests of the child, cultural continuity, and substantive equality are the principles and priorities in any situation.
That is what the Act does.

On Provinces and Territories

We engaged with Provinces and Territories in the co-development of the Act, and continue to engage with them on its implementation.
They are important partners in this work, and many have taken steps to reform the system and reduce the number of Indigenous children in care.
We will continue to work with them, and Indigenous governing bodies, to address the over-representation of Indigenous children in care in this country.

On guiding principles

The Act sets out national principles such as the best interests of the child, cultural continuity and substantive equality to help guide the provision of child and family services to Indigenous children.
At its core, it establishes that the best interests of the child must always be considered when providing child and family services to Indigenous children.
The Act seeks to put Indigenous children first so that they can stay with their families and communities and grow up immersed in their cultures.

Manitoba

The over-representation of Indigenous children in care across the country, but especially in Manitoba, is absolutely unacceptable.
We understand that groups like the Assembly of Manitoba Chiefs are ready to exercise their jurisdiction over child and family services.
The Act ensures that they can do exactly that, and we look forward to working with them on this upon receiving their notice to assert jurisdiction.

Birth alerts

Far too often in this country, Indigenous children are separated from their families, communities, languages and cultures.
We know the system needs to be reformed.
This is why Parliament adopted the Act (respecting First Nation, Inuit and Métis children, youth and families).
It emphasizes the need for the system to shift from apprehension to prevention, with a priority given to services that promote preventive care to support keeping families together and children in their cultures.
Under the Act, priority can be given to services like prenatal care and support to parents.

Suicide of Indigenous teen in government care

We know we must reform the broken system that takes too many Indigenous children from their families and communities, sometimes putting them in harms way.
This is why we nearly doubled the annual funding for First Nations Child and Family services, with a focus on prevention.
This is why we passed legislation that affirms the jurisdiction of Indigenous peoples over child and family services so that they can decide what is best for their children, their families, and their communities.
Much like its co-development, we are working hand-in-hand with partners on the implementation of the law.