Question Period Note: Child and family services C-92

• As of January 1, 2020, every Indigenous child and family services provider will need to follow the minimum standards in the Act.
• Existing agencies will continue to provide services to Indigenous children.
• Child and family services agreements between Indigenous groups and federal, provincial, or territorial governments that predate the coming-into-force of the Act prevail in case of conflict.
• The Indigenous group, community or people can give notice of their intent to exercise their jurisdiction on child and family services or make a request to enter into a tripartite coordination agreement to exercise their jurisdiction on child and family services.
• We are working with our partners to ensure successful implementation of this 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 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 wilful 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.

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