Question Period Note: Child and Family Services

• 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.
• This Act puts in place what Indigenous peoples 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 them on its implementation.
• Since its implementation in 2020, 6 tripartite coordination
agreements and 1 bilateral agreement have been signed.

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 that Canada's First
Nations Child and Family Services Program is discriminatory and ordered Canada to
immediately remedy the discrimination. On February 1, 2018, the Tribunal added items
to its previous order, including payment of the actual costs of FNCFS agencies in
prevention and other areas. The Department is working closely with the parties to the
complaint, namely the Assembly of First Nations, the First Nations Child and Family
Caring Society of Canada, Chiefs of Ontario, the Nishnawbe Aski Nation, the Canadian
Human Rights Commission and Amnesty International, in order to fully implement the
various orders of the Tribunal.
The Act respecting First Nations, Inuit and Métis children, youth and families (the Act)
was co-developed with Indigenous partners and received Royal Assent on June 21,
2019. The Act came into force on 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.
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.

If pressed on First Nations child and family services in Manitoba
• We acknowledge the concerns raised by Grand Chief Settee
about child and family services in Manitoba, and agree that First
Nations must lead the way in implementing solutions and
ensuring that children stay connected to their families and
communities.
• The Act is changing the way services are provided to First
Nations children, youth, and families, through creating minimum
standards and a framework through which Indigenous groups,
communities and Peoples can exercise their inherent right to
self-government.
• We are already seeing the impact that the Act is having in
Manitoba. Peguis First Nation has entered into a coordination
agreement, and many other First Nations have submitted either
notices of intent to exercise jurisdiction or a request to enter
into a coordination agreement. This includes a number of
Manitoba Keewatinowi Okimakanak communities.
If pressed on coordination agreements
• Indigenous Services Canada seeks to complete coordination
agreement discussions within one year wherever possible,
unless the Indigenous governing body wishes to continue them
beyond this timeframe.
• The Act provides for Indigenous laws that are in force to gain
the force of federal law upon entering into a coordination
agreement, or one year after a request to enter into a
coordination agreement is made, if the Indigenous governing
body has made reasonable efforts to do so.
• To date, seven agreements have been completed and we
anticipate to complete at least an additional ten in the near
future. We will continue to work with partners to determine the
best approach for coordination agreement discussions.
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 Founding First Nations' coordination agreement:
• On March 31, 2023, a coordination agreement was signed
between Peerless Trout First Nation, Lubicon Lake Band, Loon
River First Nation (Founding First Nations), the Government of
Canada and the Government of Alberta to support the
implementation of Awaśak Wiyasiwêwin (Cree for “Children’s
Law”).
• The signing of this agreement was later celebrated at Kateri
School in Trout Lake, Alberta on April 11, 2023.
• The coordination agreement will provide the Founding First
Nations with $149.4 million over 5 years to implement their child
and family services law and service delivery model that provides
for the protection and healing of their children and families,
reinforcing their ways of life by enabling children to connect
with extended family, including traditional kinships.

If pressed on Kitchenuhmaykoosib Inninuwug’s coordination
agreement:
• On March 31, 2023, a coordination agreement was signed
between Kitchenuhmaykoosib Inninuwug, the Government of
Canada and Ontario to support the implementation of the
Kitchenuhmaykoosib Inninuwug Dibenjikewin Onaakonikewin
(KIDO; Kitchenuhmaykoosib Inninuwug Family Law).
• The signing of the agreement was later celebrated in
Kitchenuhmaykoosib Inninuwug First Nation, Ontario on April
11, 2023.
• The coordination agreement will provide Kitchenuhmaykoosib
Inninuwug with $93.8 million over 4 years to implement their law
and service delivery model that provides for the protection of
their children, youth and families while preserving their
language, customs, culture and sovereign rights, and paving the
way to a brighter future for current and future generations.

If pressed on Splatsin’s Coordination Agreement:
• On March 24, 2023, a coordination agreement between Splatsin,
the Government of Canada and British Columbia was signed to
support the implementation of Splatsin’s By-law for the Care of
Our Indian children: Spallumcheen Indian Band By-law #3 –
1980.
• This coordination agreement will provide Splatsin $136.2 million
for 10 years to continue to implement their law and service
delivery model that provides for the protection of their children,
youth and families while preserving their language, customs,
culture and sovereign rights, and paving the way to a brighter
future for current and future generations.
• Splatsin has been successfully providing culturally supportive
services to their members through their By-Law No. 3 – 1980 for
over 40 years.

If pressed on Louis Bull Tribe’s agreement
• After more than a year of discussions, an agreement between
Louis Bull Tribe and Canada was signed in Alberta on February
1, 2023 to support the implementation of the Asikiw Mostos
O’Pikinawasiwin law.
• This agreement provides Louis Bull Tribe with $124.8M over 2
years to support the implementation of their child and family
services law while discussions with the province continue.
• We continue to work with Louis Bull Tribe and Alberta to
support the implementation of this Indigenous law.

If pressed on Peguis First Nation’s 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 Peguis First
Nation’s law Honouring our Children, Families and Nation Act.
• Through this agreement, Peguis First Nation will receive $319.3
million over three years to implement their child and family
service law.
• We continue to work with Peguis First Nation and Manitoba to
support the implementation of this Indigenous law.

If pressed on provinces and territories
• Provinces and territories work with Indigenous governing
bodies and the Government of Canada to put in place
coordination agreements, which establish responsibilities,
processes, emergency and transition measures to support a
smooth and effective implementation of the exercise of
jurisdiction in relation to child and family services by an
Indigenous community, group or people.
• 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.
If pressed on funding from provinces and territories
• Some tripartite coordination agreement discussion tables 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 peoples, 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 for their participation 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
• Since the coming into force of the Act, Canada has committed
just over $1.2 billion over ten years to support the
implementation and operationalization of the child and family
service laws of Indigenous groups, communities and peoples
with which agreements have been concluded.
• 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.

If pressed on Supreme Court Decision
redacted information
• In the meantime, the Government of Canada’s key priority
remains the safety and well-being of Indigenous children and
families.
• Indigenous Services Canada will continue holding discussions
with Indigenous governments, communities, groups and
Peoples, provinces and territories and National Indigenous
Organizations to support Indigenous self-determination and
ensure the safety and well-being of Indigenous children and
families.