Keewatin Tribal Council CFS C.24 (Bill C-92)

C.24 (Bill C-92) Legislation

Under Bill C-92, Indigenous communities and groups will be free to develop policies and laws based on their particular histories, cultures, and circumstances.

Groups are free to move at their own pace to implement and enforce these policies and laws.
Through the Act, national principles such as the best interests of the child, cultural continuity, and substantive equality have been established to help guide the provision of Indigenous child and family services.

The Act also enables Indigenous groups and communities to transition toward exercising partial or full jurisdiction over child and family services at a pace that they choose.

It is also consistent with the Government of Canada's commitments to implementing the United Nations Declaration on the Rights of Indigenous Peoples, the Truth and Reconciliation Commission of Canada's Calls to Action, and the ratification of the United Nations Convention on the Rights of the Child.

The purpose of this act is to:

Affirm the rights of First Nations, Inuit and Métis to exercise jurisdiction over child and family services;
Establish national principles such as best interests of the child, cultural continuity and substantive equality to guide the provision of child and family services in relation to Indigenous children; and
Contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples. The Act provides an opportunity for Indigenous peoples to choose their own solutions for their children and families.

Priority given to preventative care

The Act emphasizes the need for the system to shift from apprehension to prevention, with priority given to services that promote preventive care to support families. It gives priority to services like prenatal care and support to parents. The Act also clearly indicates that no Indigenous child should be apprehended solely on the basis or as a result of his or her socioeconomic conditions, including poverty, lack of housing or related infrastructure, or state of health of the child's parent or care provider.

Keeping Indigenous children and families together

The Act seeks to preserve a child's connection to his or her family, community and culture. As such, it provides order of placement of an Indigenous child only when apprehension is in the best interest of that child.

PRINCIPLE 1: Best interests of the child

The best interests of the child must be a primary consideration in making decisions or the taking of actions in the context of the provisions of child and family services in relation to an Indigenous child and, in the case of decisions or action related to child apprehension the best interests of the child must be the paramount consideration.

Primary consideration must be given to the child's safety, security and well-being as well as to relationships with their families, culture and communities.

Example of factors to be considered:

The child's heritage;
The child's needs in relation to developmental age and stage;
The nature of the child's relationship with parents and other family;
Importance of preserving culture, and connections to language and territory; and other considerations.

PRINCIPLE 2: Cultural continuity

Cultural continuity is essential to the well-being of a child, a family and an Indigenous group, community or people;
The child best interests are promoted when the child remains with family or in the community;
Child and family services cannot be provided in a manner that contributes to further assimilation of a group;
The region, language, cultures, practices, customs, traditions, ceremonies and knowledge of a people need to be considered and is integral to cultural continuity.

PRINCIPLE 3: Substantive equality

The rights and distinct needs of a child with a disability should be taken into consideration, to promote the child's participation, to the same extent as other children in activities related to their family, community or people;
The child and the child's family must be able to exercise their rights, including the right to have his or her views and preferences considered in decisions, without discrimination;
A jurisdictional issue (federal or provincial) must not result in a gap in services provided.