Question Period Note: Child and Family Services

About

Reference number:
ISC-2023-QP-83434229
Date received:
Jun 21, 2023
Organization:
Indigenous Services Canada
Name of Minister:
Hajdu, Patty (Hon.)
Title of Minister:
Minister of Indigenous Services

Suggested Response:

The coming-into-force of An Act respecting First Nations, Inuit
and Métis children, youth and families (the Act) on January 1,
2020 marked a historic turning point for First Nations, Inuit, and
Métis children, families and communities.
• This Act puts in place what Indigenous peoples across this
country have been asking of governments for decades: that their
rights and jurisdiction over child and family services be
recognized and affirmed so that they can decide what is best for
their children, their families, and their communities.
• We have worked with partners to co-develop this legislation, and
continue to engage with partners on its implementation.

Background:

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.
The Act respecting First Nations, Inuit and Métis children, youth and families (the Act) was codeveloped
with Indigenous partners and received Royal Assent on June 21, 2019. The Act
came into force on January 1, 2020.
As of January 1, 2020, every service provider delivering child and family services in relation to
Indigenous children must follow the minimum standards of the Act.
As part of the July 2020 Economic and Fiscal Snapshot, the Government of Canada has
committed almost $542 million over five years, starting in 2020-21, to support the
implementation of the Act. This historic legislation enables First Nations, Inuit and Métis to
choose their own solutions for their children and families. Funding for the operationalization of
the Act is requested separately once tripartite coordination agreements are reached,
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Section 25 of the Act requires that certain information provided under section 20 be posted
online or made accessible to the public. On its website, ISC now displays the notices provided
under section 20 of the Act as well as information provided to ISC concerning Indigenous child
and family services laws developed under the framework made pursuant to the Act. As of March
2023, 19 coordination agreement discussion tables have been established.

Additional Information:

If pressed on Coordination Agreements
• Indigenous Services Canada is committed to supporting the
timely conclusion of coordination agreement discussions with
Indigenous governing bodies, provinces, and territories.
• The Act provides for a 12-month period for coordination
agreement discussions, following which the Indigenous law
could have force of law as federal law, unless the Indigenous
governing body decides to continue discussions beyond the 12-
month period.
• To date, four agreements have been completed and we
anticipate to complete at least an additional three in the near
future. We will continue to work with partners to determine the
best approach for coordination agreement discussions.

If pressed on Peguis First Nation coordination agreement
• A coordination agreement between Peguis First Nation, the
province of Manitoba, and the Government of Canada was
signed on January 31, 2023.
• This agreement supports the implementation of the Peguis First
Nations law Honouring our Children, Families and Nation Act.
• We will continue to work with Peguis First Nation and Manitoba
to support the implementation of this Indigenous law.

If pressed on Louis Bull Tribe agreement
• After more than a year of discussions, a bilateral agreement
between Louis Bull Tribe and Canada was signed in Alberta on
February 1, 2023.
• This agreement supports Louis Bull Tribe in implementing their
law while discussions with the province continue.
• We will continue to work with Louis Bull Tribe and Alberta to
support the implementation of this Indigenous law.

If pressed on bilateral agreements
• Coordination agreements under the Act are intended to be
tripartite, with the goal of establishing the necessary transition
and coordination measures to ensure the effective exercise of
jurisdiction by Indigenous governing bodies over child and
family services.
• However, if a province is not actively participating in
coordination agreement discussions, nothing precludes Canada
from discussing jurisdiction over child and family services in a
bilateral manner with the Indigenous governing body.
• Canada will continue to work with all partners to support the
well-being of Indigenous children.

If pressed on provinces and territories
• We are still at the beginning of a long, shared road ahead.
• To support Indigenous peoples in moving forward with their
visions for the future, the federal government and every
province and territory has a role to play. We cannot succeed
without a sense of shared responsibility.
• Canada is committed to this responsibility, and we know that
many provinces and territories are joining us in this journey. We
believe that it is vital that this commitment be universal across
all provinces and territories.

If pressed on funding from provinces and territories
• Some tripartite coordination discussions and the
implementation of Indigenous laws have been delayed due to
some provinces or territories’ unwillingness or inability to
provide funding.
• Canada provides contributions to provinces and territories for
all citizens, including Indigenous people, therefore Canada
expects that provinces and territories will continue to provide
adequate financial support for Indigenous child and family
services.
• However, if a province is not actively participating in
coordination agreement discussions, nothing precludes Canada
from discussing jurisdiction over child and family services in a
bilateral manner with the Indigenous governing body.

If pressed on funding from Canada
• Since 2020, Canada has committed close to $1.5 billion in
funding, supporting Indigenous groups in building a strong
foundation for the successful transition towards the exercise of
jurisdiction in relation to child and family services under the
framework of the Act.
• This engagement and capacity-building funding also prepares
Indigenous governing bodies to participate at coordination
agreement discussions. Additional funding has also been
provided to support the implementation of Indigenous laws.
• We will continue to engage with partners to assess and address
long-term funding needs.

If pressed on funding for agreements
• For the first two completed agreements, Canada has committed
$340.8 million over ten years to support Wabaseemoong
Independent Nations’ exercise of jurisdiction in Ontario, as well
as $38.7 million over two years to support Cowessess First
Nation in the implementation of their child and family services
model in Saskatchewan.
• For the following two completed agreements, Canada has
contributed $124.8 million over two years to support Louis Bull
Tribe in implementing its law in Alberta, and $319.3 million over
three years to support Peguis First Nation to exercise to
implement their own child and family services model in
Manitoba.
• Any funding associated with agreements will be sustainable,
needs-based and consistent with the principle of substantive
equality.
• Indigenous leadership will be at the forefront of deciding what
their people need when it comes to the provision of child and
family services.