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

Introduction to the Law

Community Engagement in Development of Legislation and other Models

KTC has engaged in significant effort and commitment of the KTC Nations in responding to Bill C-92, an Act that aims to respect and uphold the rights of First Nations, Inuit, and Métis children, youth, and families. KTC began its engagement with Bill C-92 in March 2020, when leadership passed Resolution #1, supporting KTC First Nations Unified Response to Bill C-92, an Act Respecting First Nations, Inuit and Metis Children, Youth and Families, signaling their support for a unified response. This marked the beginning of an important journey towards asserting KTC First Nations' jurisdiction over child and family services, ensuring that these services align with the community's values, traditions, and languages.

Key to this process has been the development of goals, objectives, and community engagement plans, designed to ensure that the KTC Nations retain control over child welfare systems. These plans aim to create child and family services that are culturally appropriate, responsive, and reflective of the unique customs and traditions of the KTC Nations. This process involves creating new legislation, standards, policies, service delivery models, and governance structures to replace the existing, harmful Manitoba child welfare laws that have historically been detrimental to First Nations communities.

KTC has undertaken considerable effort to ensure community engagement initiatives over the past three years to involve its members in the creation of this new framework. Over 100 engagement sessions and interviews have been held, which include diverse groups such as leadership, elders, youth, women, and off-reserve community members. These efforts are vital for ensuring that the legislation and models developed are not only effective but also grounded in the lived experiences and perspectives of KTC community members.

The various engagement sessions mentioned are designed to gather input, recommendations, and feedback from different segments of the community, ensuring that the voices of all groups, from elders to youth, are heard and considered. The listed events include:

2 Leadership Summits: Bringing together KTC leadership for discussions and decisions.
11 All-Nation C.24 Engagement Conferences/Gatherings: These targeted gatherings have focused on general community members as well as specific groups such as elders, youth, and women.
19 Individual Nation Engagement Sessions: These sessions allowed for more localized conversations within each of the KTC Nations.
5 Off-Reserve Engagement Sessions: Ensuring that off-reserve members also have a voice in the process.
9 All Nation Other Entity Engagement/Information Sessions: Engaging with other organizations and entities for collaboration.
28 CFS Committee Meetings: These meetings have been dedicated to reviewing and discussing issues related to child and family services, starting in April 2022.
7 Sub-Committee Formation Interviews and Meetings: These sessions have focused on building the sub-committees that will shape specific aspects of the project within the Nations.
7 Elder Language Meetings: These focused on preserving and integrating the wisdom and language of elders into the process and legislation development.
15+ Elder/Leadership Interviews: Conducted to capture the invaluable perspectives and guidance of the elders and leadership.

This extensive engagement is essential for ensuring that the new legislation and models are reflective of the diverse needs and traditions of the KTC Nations, and that the new child welfare system promotes healing, empowerment, and cultural continuity, rather than continuing the harm caused by previous child welfare systems

Key features of the draft law

1. Exercise of KTC Nations Jurisdiction

The main purpose of the new law is to affirm the inherent right of the KTC Nations over their children and families and to remove the imposition of the harmful provincial laws and policies that have been imposed upon the KTC Nations.
The new law will replace the Child and Family Services Act for Participating KTC Nation's members both on and off reserve.

2. Establishment of Local Childcare Committees

Each Nation will have their own Local Childcare Committee that will be responsible for ensuring children and families receive an appropriate continuum of care by the entire community. These committees will have representation of Elders and staff of community resources.
The committees will work alongside the Agency to ensure children and families receive the services that they need.

3. Establishment of an Advocacy Office

An Advocacy Office will be established that will be specific for KTC children and families.
This office will be tasked with supporting families, ensuring children's views and preferences are considered, and participating in dispute resolution processes.
Children will be supported through all stages, regardless of age.

4. No more going to Court - Establishment of a KTC Tribunal

The new law removes the jurisdiction of the provincial courts of Manitoba and replaces it with a KTC Tribunal.
This Tribunal will have exclusive jurisdiction to resolve all disputes related to child welfare, meaning that KTC families will not have to go before the Judges of the provincial courts.

5. Natural Laws and Seven Stages of Life to Guide Delivery of Services

The delivery of services will be rooted in the culture by requiring that the natural laws be followed while delivering services, such as: obedience, respect, kindness, love, sharing/caring, honesty, and faith.
Service providers must consider the seven stages of life and provide services to a child or family while being mindful of their stage of life and adapting services to best fit their needs.

6. Recognition of Responsibilities and Rights of the Child, Parents, Grandparents, Family Members and Elders

The law acknowledges the responsibilities and rights of children in addition to those who surround them, including: parents, grandparents, family members and Elders.
Parents, grandparents and family members have greater rights under the new law as it relates to their involvement with the child and their participation in decision making.
Grandparents have the express right to be involved in their grandchildren's lives, they will have their views considered in decisions that affect them and they are second in the list of priority for placements, after parents.
The responsibilities of Elders in providing support and guidance to children and families is emphasized and will be incorporated through the delivery of services.

7. Best Interests of the Child Includes Family

The best interests of the child will no longer be mainly focused on the physical safety of the child.
The KTC lens of this legal test is that the best interests of the child and family need to be considered together, meaning that the connection to the family and the needs of the family must betaken into account when determining what is in a child's best interests.

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

Introduction to the Law

Community Engagement in Development of Legislation and other Models

The various engagement sessions mentioned are designed to gather input, recommendations, and feedback from different segments of the community, ensuring that the voices of all groups, from elders to youth, are heard and considered. The listed events include:

Key features of the draft law

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