{"source_url": "https://aptnnews.ca", "url": "https://aptnnews.ca/2020/01/01/federal-indigenous-child-welfare-bill-c-92-kicks-in/", "title": "Federal Indigenous child welfare Bill C-92 kicks in \u2013 now what? - APTN News", "top_image": "https://aptnnews.ca/wp-content/uploads/2019/12/Marc-Miller-AFN-SCA.jpg", "meta_img": "", "images": ["https://aptnnews.ca/wp-content/uploads/2016/12/twitter.jpg", "https://aptnnews.ca/wp-content/uploads/2018/03/KELLY-FRASER-640x360-640x360.jpg", "https://aptnnews.ca/wp-content/themes/newsresponsive/images/google-plus-icon.png", "https://aptnnews.ca/wp-content/themes/newsresponsive/images/instagram-icon.png", "https://aptnnews.ca/wp-content/uploads/sites/4/2013/11/news-header-newsfp.jpg", "https://aptnnews.ca/wp-content/uploads/2019/11/Kelly-Fraser-640x360-640x360.jpg", "https://aptnnews.ca/wp-content/uploads/2016/07/NationToNationLogo-280x175.jpg", "https://aptnnews.ca/wp-content/themes/newsresponsive/images/advertisement/advertisement300x250.png", "https://aptnnews.ca/wp-content/uploads/2016/07/FaceToFaceLogo-280x175-1.jpg", "https://aptnnews.ca/wp-content/themes/newsresponsive/images/pinterest-icon.png", "https://aptnnews.ca/wp-content/uploads/2016/12/instagram.jpg", "https://aptnnews.ca/wp-content/uploads/2016/07/InvestigatesLogo-280x175.jpg", "https://gallery.mailchimp.com/07bf9fc508ffdf38b18b865fb/images/2f37e48a-3f95-4c43-9ae1-5e699a19483e.png", "https://secure.adnxs.com/px?id=846153&seg=8526876&t=2", "https://aptnnews.ca/wp-content/uploads/2019/12/Sunken-fishing-boat-1--640x360.jpg", "https://aptnnews.ca/wp-content/uploads/2019/12/Brett-Forester.jpg", "https://aptnnews.ca/wp-content/uploads/2019/12/Marc-Miller-AFN-SCA.jpg", "https://aptnnews.ca/wp-content/themes/newsresponsive/images/youtube-icon.png", "https://aptnnews.ca/wp-content/uploads/2017/03/OTTAWA-2016-640x360.jpg", "https://aptnnews.ca/wp-content/uploads/2016/07/InFocusLogo-280x175.jpg", "https://aptnnews.ca/wp-content/themes/newsresponsive/images/logo.png", "https://aptnnews.ca/wp-content/themes/newsresponsive/images/advertisement/advertisement728x90.png", "https://aptnnews.ca/wp-content/themes/newsresponsive/images/facebook-icon.png", "https://aptnnews.ca/wp-content/themes/newsresponsive/images/newbranding/NationalNews-60x300logo.jpg", "https://www.facebook.com/tr?id=528100980648029&ev=PageView&noscript=1", "https://ad.doubleclick.net/ddm/activity/src=4244922;type=invmedia;cat=u8cvbffw;dc_lat=;dc_rdid=;tag_for_child_directed_treatment=;ord=1", "https://aptnnews.ca/wp-content/uploads/2016/12/facebook.jpg", "https://aptnnews.ca/wp-content/uploads/2016/12/youtube.jpg", "https://aptnnews.ca/wp-content/themes/newsresponsive/images/twitter-icon.png", "https://aptnnews.ca/wp-content/themes/newsresponsive/images/national-news-header-logo.png"], "movies": [], "text": "Brett Forester\n\nAPTN News\n\nCall it the federal government\u2019s New Year\u2019s resolution to do better by Indigenous families.\n\nAn Act respecting First Nations, Inuit and M\u00e9tis children, youth and families (Bill C-92) kicks into effect today.\n\nPassed in June, Bill C-92 reworks the Indigenous child welfare system in Canada.\n\nThe Quebec government is challenging the bill\u2019s constitutionality. The province argues the legislation infringes on provincial jurisdiction.\n\nThe challenge looms while advocates and scholars continue raising questions about money, oversight, and vagueness of some of the bill\u2019s language.\n\nAssistant Professor and co-lead of the Wahkohtowin Indigenous Law and Governance Lodge at University of Alberta, Hadley Friedland says C-92\u2019s new principles come into force regardless.\n\n\u201cThey apply to everybody, no matter what anybody does,\u201d she notes.\n\nShe says she doesn\u2019t think Quebec will win the challenge, but the appeal may encourage provinces to drag their feet implementing it.\n\nIn November, Manitoba\u2019s minister of families claimed she was still in the dark about what to expect from the new legislation.\n\n\u201cWe haven\u2019t seen provinces jump up and down and say, \u2018Yay we\u2019re going to implement this,\u2019\u201d Friedland remarks. \u201cBecause we don\u2019t have good mechanisms for enforcement, if they say, \u2018Well we\u2019re not sure what to do. We\u2019re waiting for the results of the Quebec challenge,\u2019 how do we enforce that law? How many resources are going to be needed to apply the law?\u201d\n\nMinister of Indigenous Services Marc Miller says that \u201cuntil Indigenous laws are in place \u2013 services to Indigenous children will continue as before. However, every Indigenous child and family services provider will have to apply the basic principles set out in the Act.\u201d\n\n\u201cChange will not come overnight,\u201d Miller states. \u201cThe only way to achieve this is to continue to work with our partners through this transition period to make sure the law works for First Nations, Inuit and M\u00e9tis people, and most importantly, for their children.\u201d\n\nSo what happens now?\n\nFriedland worked to raise awareness around and effect changes to C-92.\n\nShe co-authored a Yellowhead Institute report card on the bill. The authors gave it a C for national standards; an F on funding; and Ds for accountability, jurisdiction, and data collection respectively.\n\nShe also testified about it before the Senate Standing Committee on Aboriginal Peoples in May.\n\nLast week she co-authored an opinion article in the Montreal Gazette arguing Quebec is wrong to challenge the legislation.\n\nShe says the bill has two parts.\n\nThe first introduces a new set of what the government calls \u201cnational principles\u201d governing the Indigenous child welfare system. The second part relates to the ways in which First Nations, Inuit, and M\u00e9tis can exercise their inherent jurisdiction over children in their communities.\n\nThese national principles kick into immediate effect, so the best thing for communities to do now is \u201creally know those national standards and understand what they put in place that is going to be different, or more, than provincial laws,\u201d Friedland says.\n\nJudges and social workers will apply the new national principles if, beginning today, an Indigenous community doesn\u2019t have in place its own laws legislating the provision of child and family welfare services.\n\nThe bill contains a key principle of the \u201cbest of interests of the child.\u201d The legislation recognizes the importance of preserving cultural, familial, and territorial connections. The act also mentions the need for \u201csubstantive equality\u201d but does not define this term.\n\nThe second part of the bill deals with jurisdiction. If Indigenous groups wish to exercise their right to inherent jurisdiction, they must negotiate a \u201ccoordination agreement\u201d with Indigenous Services Canada (ISC) and the relevant provincial authorities.\n\nSection 22 of the new legislation states that Indigenous laws will prevail over federal and provincial laws whenever conflict between them emerges once these co-ordination agreements are in place \u2013 that is, unless the Indigenous laws contravene the Constitution, the Human Rights Act, or the best interests of the child.\n\nStrengths and weaknesses of the legislation\n\nFriedland says the act is a positive response to advocacy work, decades of research, testimony from \u201860s Scoop survivors, and calls from First Nations, Inuit, and M\u00e9tis children.\n\nShe calls the recognition of inherent jurisdiction a \u201chuge positive step.\u201d\n\nThe legislation also addresses the Truth and Reconciliation Commission\u2019s (TRC) fourth call to action which demands the government \u201cenact Aboriginal child-welfare legislation that establishes national standards for Aboriginal child apprehension and custody cases.\u201d\n\nBut there are critical concerns remaining about money (The bill includes none.), implementation, and oversight.\n\nInterpreting the child\u2019s best interests is a sticking point as well.\n\n\u201cThrowing in best interests of the child can gut everything positive in this bill,\u201d warns Friedland. \u201cEvery single phrase includes this.\u201d\n\nThat is, any vagueness or uncertainty about what constitutes a child\u2019s best interests may cause problems.\n\n\u201cIt\u2019s often non-Indigenous decision makers who make that call. Basically, best interests of the child \u2013 even with the factors in this act \u2013 leave you with almost limitless discretion,\u201d Friedland elaborates.\n\n\u201cAnd time and time again, what we see is judges basing best interests of the child probably on how they grew up. They\u2019re picturing how they grew up and what they found useful, and that\u2019s how they make their decision. They way courts and social workers have applied best interests of the child has just been so harmful to Indigenous children and families.\u201d\n\nFriedland also says the bill could leave social workers confused.\n\n\u201cThere\u2019s been no education. We\u2019ve seen next to nothing come out from the federal government explaining how this is supposed to work. About two days ago Indigenous agencies sent a technical information package. That was sent two or three days ago. Talking to front line social workers, they have no idea what they\u2019re supposed to be doing differently. So that education piece is missing.\u201d\n\nYesterday, Cindy Blackstock \u2013 who in the past called C-92 a \u201ccolonial Faustian bargain\u201d \u2013 suggested a few more New Year\u2019s resolutions for the government.\n\nShe tweets at the government \u201cto act instead of promise\u201d and to \u201cend the injustice for kids.\u201d\n\nNew year's reconciliation resolution suggestions for the government. To act instead of promise; to understand that discrimination should not be easier for gov't than equity. End the injustice for kids- implement the Spirit Bear Plan. @JustinTrudeau pic.twitter.com/kp3DVYSUdG \u2014 Cindy Blackstock (@cblackst) December 31, 2019\n\nIt\u2019s not yet clear how many Indigenous communities already have laws in place to take over child welfare provision, or how many intend to negotiate co-ordination agreements.\n\nNishnawbe Aski Nation (NAN) voiced its opposition to C-92, citing concerns over the principle of best interests as well as a lack of guaranteed funding.\n\n\u201cThe bill fails to affirm exclusive First Nation jurisdiction over our children and implies that non-Indigenous governments can determine outcomes for Indigenous children,\u201d Grand Chief Alvin Fiddler says in a February press release. \u201cThis legislation does recognize the need for children in care to maintain strong connections to their communities, but ultimately it continues to enforce a status quo system that can override First Nation jurisdiction.\u201d\n\nIn the May, NAN followed up by submitting its concerns to the senate\u2019s Aboriginal peoples committee. The submission again called for money and a \u201cbreak from the way in which \u2018best interest of the child\u2019 has been used in relation to First Nations children, families, and nations.\u201d\n\nThe House of Commons adopted some, but not all, proposed amendments.\n\nbforester@aptn.ca\n\n@BrettForester", "keywords": [], "meta_keywords": [""], "tags": ["Featured", "Inherent jurisdiction", "Child Welfare", "Bill C-92", "Indigenous law"], "authors": ["Brett Forester"], "publish_date": "Wed Jan  1 00:00:00 2020", "summary": "", "article_html": "", "meta_description": "Federal Indigenous child welfare legislation Bill C-92 kicks into effect today. It reworks the Indigenous child welfare system in Canada.", "meta_lang": "en", "meta_favicon": "", "meta_data": {"og": {"image": {"identifier": "https://aptnnews.ca/wp-content/uploads/2017/03/OTTAWA-2016.jpg", "secure_url": "https://aptnnews.ca/wp-content/uploads/2017/03/OTTAWA-2016.jpg", "width": 640, "height": 360}, "locale": "en_US", "type": "article", "title": "Federal Indigenous child welfare Bill C-92 kicks in \u2013 now what? - APTN News", "description": "Federal Indigenous child welfare legislation Bill C-92 kicks into effect today. It reworks the Indigenous child welfare system in Canada.", "url": "https://aptnnews.ca/2020/01/01/federal-indigenous-child-welfare-bill-c-92-kicks-in/", "site_name": "APTN News"}, "description": "Federal Indigenous child welfare legislation Bill C-92 kicks into effect today. It reworks the Indigenous child welfare system in Canada.", "article": {"tag": "Inherent jurisdiction", "section": "National News", "published_time": "2020-01-01T10:56:46-06:00"}, "twitter": {"card": "summary", "description": "Federal Indigenous child welfare legislation Bill C-92 kicks into effect today. It reworks the Indigenous child welfare system in Canada.", "title": "Federal Indigenous child welfare Bill C-92 kicks in \u2013 now what? - APTN News", "image": "https://aptnnews.ca/wp-content/uploads/2017/03/OTTAWA-2016.jpg"}, "generator": "WooFramework 5.5.6", "viewport": "width=device-width, initial-scale=1, maximum-scale=1"}, "canonical_link": "https://aptnnews.ca/2020/01/01/federal-indigenous-child-welfare-bill-c-92-kicks-in/"}