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

Sections of the Draft Law

PART 1 - JURISDICTION

ti-pe-ni-hci-ke-wina - "it belongs to you", "ownership", you have rule/authority
tah-bey-zin-hul-ti, bah-gha-kah-holdey - "it belongs to you", "ownership", you have rule/authority

KTC Nations have an inherent right to self-government that was granted to them by Ki-se-man-to / Yeh-dehdi-yeh (Great Spirit).

This inherent right to self-government applies to all of creation; it is not just a political or administrative structure but a spiritual and cultural relationship between the Nation, it's members and the natural world. These traditional relationships extend beyond the colonial definition of jurisdiction and demonstrates our Nations sovereignty over all that is living and is continually evolving. Therefore, the Nations have a right to govern and make decisions that align with their traditional values and beliefs.

PART 2 - FUNDAMENTAL/GUIDING PRINCIPLES

kis-ki-no-ta-hi-we-wina - "guidance/principles"
Dene-ho-tay-su-wah-bey-zindi - "looking after people in a good way"

The principles outlined in this law serve as fundamental values that uphold integrity, respect, and consideration for all parties involved. They are crucial in ensuring that the law is applied fairly and justly, with equal regard for everyone. These principles guide individuals and organizations in making decisions that prioritize family, as well as the well-being and rights of all citizens.

PART 3 - RESPONSIBILITIES AND RIGHTS

ka-ki-naw ni-wa-ka-ma-ka-nak kis-te-ni-ta-ko-so-wak - "all my relatives are important"
selotineh-beh-tuh-ni-di-ah - "all my relatives are important"

The section of the law underscores the collective values held by the KTC Nations regarding the upbringing of children. It emphasizes that, historically, the responsibility for raising children and being accountable for those actions, was not limited to parents alone but was shared across the community. This approach aligns with the KTC Nations' worldview, where the well-being of children is seen as a responsibility of all members, ensuring that everyone has a part in the social, cultural, and emotional development of our children and youth.

Article 8 - Parents (oni-ki-hi-kwak/beh-ah-qua) Roles and Responsibilities

While all members of the Nation share in the responsibility of raising children, parents hold the primary and most direct responsibility for their child's well-being. This acknowledges the foundational role that parents play in the nurturing, education, and overall care of children. Their duties include providing physical care, emotional support, and guidance in the early stages of the child's life, alongside their active role in instilling cultural values, traditions, and teachings that are essential for the child's identity and development within the community.

Article 9 - Grandparents (no-koom-ni-mo-som/sa-tzu-neh-sa-tzeh) Roles and Responsibilities

KTC Nations cultural teachings and practice, places significant emphasis on the role that grandparents play in child-rearing. Grandparents are seen as vital figures in the upbringing of children where their collective wisdom and experience offer support and guidance that help to enrich the child's development. They often provide emotional and practical guidance, helping to shape the values and cultural identity of younger generations. Their contributions emphasize the interconnectedness of generations and the importance of intergenerational bonding in fostering a child's sense of belonging and identity.

Article 10 - Responsibilities and Rights of awasisak/sekwi

Our culture teaches that children are gifts from the Creator, deserving of care and protection. Viewing children as gifts fosters a deep sense of responsibility among caregivers and communities to ensure their well-being and growth. The belief that children inherently have rights to protection, safety, education, and emotional support is in alignment with KTC Nations values. In return, children have the responsibility to develop characteristics such as respect, kindness, and accountability as they grow. This creates a reciprocal relationship, where both the child and the community work together to build a nurturing environment for the child's development.

Article 11 - Responsibilities and Rights of Family Members (wah-koh-to-win/se-lo-teena)

Though parents and grandparents are the primary figures in a child's upbringing, the broader community plays an essential role in providing support, guidance, and mentorship, creating a wide-reaching, interconnected network that benefits the child. Aunts, uncles, elders, cousins, and other community members all contribute to various aspects of the child's growth and development.

Article 12 - Responsibilities of Elders (ke-te-ya-ti-sak/ehl-neh-tthi)

Elders occupy a central and respected role within the KTC Nations, regarded as carriers of knowledge, culture, and tradition. They provide wisdom and strength that guide the future generations of our Nations. With this, they bear significant responsibilities in nurturing and guiding children and families, ensuring the ongoing preservation and continuity of our shared values, heritage, and enduring resilience.

PART 4 - BEST INTERESTS OF THE CHILD AND FAMILY

Mino-pi-ki-ho-wa-so-win/sekwi-sue-wah-beh-koh-hoh-nih - "raising a child in a good way"

The KTC Nations place a high priority on the health and well-being of families as a whole and recognize the critical role of supporting the care network around a child. In any decision or action under this Law that affects a child, the child's best interests must always be the foremost consideration. When determining what serves the child's best interests, the child's physical, emotional, and psychological safety, security, and overall well-being must take precedence. It is also essential to consider the importance of maintaining an ongoing connection with the child's family, their Nation, and their cultural heritage. Additionally, other relevant factors unique to the circumstances of the child and their family should be carefully considered when determining what is in the child's best interests.

PART 5 - GOVERNANCE STRUCTURE

o-ki-ma-win wa-na-so-we-ke-mihk - "government, council/band hall" "where government decisions are made"
koh-tthedi-nittha-kah-do-deh-dey - "government making their own decisions"

A comprehensive and community-centered governance structure for supporting the health and wellness of families and children within each Nation. The structure emphasizes a collaborative effort among various stakeholders, including committees, leadership, service delivery agencies, and other offices that provide additional support. This will include the creation or expansion of committees within each Nation. This will allow the community to have a direct hand in decision-making, service provision, and ensuring that the needs of families and children are being met effectively and according to their particular traditions and customs.

The involvement of leadership on these committees is key, as it ensures that there is a direct link between governance and service delivery. Leadership can also facilitate conflict resolution and ensure that resources are being utilized efficiently and equitably. The presence of a service delivery agency to coordinate with local committees, leadership, and resources helps to maintain a seamless continuum of services, ensuring that families and children can access the support they need at every stage. Moreover, advocacy and tribunal offices will provide quality assurance, conflict resolution, advocacy, administration, and funding which is essential in maintaining high standards of service delivery and accountability. They ensure that the system remains effective and responsive to the evolving needs of families.

PART 6 - PREVENTION SERVICE DELIVERY

Mino-ya-win, pa-mi-hi-we-wina - "healing/health support"
Dene-su-wa-bah-zi-di-ha - "health and wellness for everyone"

Wellness services, or prevention services, should be accessible to all individuals and families, not just those assessed as "high risk." By focusing on the well-being of everyone, we can create an environment that proactively supports families and strengthens their ability to thrive, rather than just intervening when problems arise.

Making these services universally available helps build a foundation of mental, physical, and emotional health that can prevent more severe challenges down the road. The goal is to foster resilience, support healthy coping strategies, and maintain family unity, so these services contribute to the broader societal goal of prevention rather than reaction.

PART 7 - CHILD SAFETY

awasis ka-na-we-ni-ta-ko-si-win - "child safety"
sekwi-a-so-neh-chai - "child safety"

Our way of life teaches that for a child to grow and thrive, they must feel safe with the people around them and within their environment. While the primary responsibility for a child's safety and security lies with the parents and family, it is also shared by everyone in the Nation. Wahkotowin-Ehlelot'ina, meaning "we are all related," reminds us that it is our collective duty to protect and care for the well-being of future generations.

PART 8 - DISPUTE RESOLUTION

na-he-sta-ma-to-win - "dispute resolution, come to terms/agreement"
elhuh-zil-ti-chah, yahti-suwa-nuti - "before dispute, resolve argument"

To ensure that the views and autonomy of all KTC Nation members and residents are respected, this law implements a multi-layered process for resolving disagreements or disputes. These avenues ensure that families are supported and not left to face challenges alone, with other family and community members involved in the process, reflecting our collective cultural practices. The individual is given the choice in how they would like their dispute to be addressed, honoring their voice and decision in the process.

PART 9 - AGENCY CARE

[agency name] pa-mi-hi-we-win - "care" "support"
[agency name] bey-gho-who-ne - "care"

In situations where serious safety concerns or other mitigating factors arise, it may become necessary for the agency to step in as a caregiver for children. In these cases, the agency will strive to provide care that aligns with our customary practices, ensuring a healthy, nurturing, and safe environment. This care may extend beyond the colonial definition of adulthood, continuing until the age of 26, to support the youth in their transition to adulthood and ensure they are fully prepared for the responsibilities and challenges ahead.

PART 10 - PLACEMENTS

pa-mi-hi-wa-si-win wa-na-su-we-wina - "care rules/policies/guidelines"
eh-deh-klees-cee-n-tai, sekwi-quo-ni - "the written things we follow for childrens care"

The customs, teachings, and traditions of the KTC Nations emphasize honouring, supporting, and maintaining the connection of children to their family and Nation. This practice is crucial in fostering a deep connection to the land and a strong sense of identity and belonging. When it becomes necessary for the agency to place children, the agency will prioritize placing children with extended family members, relatives, or within the broader community first, as these connections offer the most immediate cultural and emotional support. Only when such options are unavailable would other alternatives be considered, ensuring that the child's well-being, cultural identity, and connection to their roots are always maintained to the greatest extent possible.

This approach reflects a holistic, child-centered perspective, recognizing that children thrive not just in a safe environment but in one that honors and sustains their connection to their heritage and the community that surrounds them.

PART 11 - CRITICAL INCIDENTS

e-ya-ni-mi-pa-nik - "emergency, crisis, critical"
who-dey-nah - "tough emergency"

The KTC Nation cultural teachings emphasize that it takes a community to raise a child, which means that all Nation resources interacting with children, as well as all individuals providing services to the Agency, have a duty to report serious incidents. This could include issues like neglect, abuse, or any other situation that could potentially harm a child's safety or well-being. The law establishes a comprehensive list of such incidents and ensure that the necessary parties - including parents, families, and relevant agencies - are informed promptly and appropriately.

This system helps maintain a safety net around children by fostering open communication and accountability among the community, parents, and those who provide services to children. It encourages vigilance and collective responsibility, ensuring that no child is left unsupported.

PART 12 - SIGNIFICANT MEASURE NOTIFICATIONS

The cultural teachings of the KTC Nations affirm that a child will always maintain a connection to their family and Nation. In alignment with this practice and out of respect and consideration, a service provider must notify the child's parents, guardian, care provider, and the relevant KTC Nation. However, the law also takes into consideration situations where notifying the family or community prior to taking action might not be in the child's best interest-such as in cases of immediate harm or danger. In such cases, service providers are still required to inform the parents, guardians, or relevant authorities as soon as possible after the action has been taken, ensuring that all parties are informed as quickly as is safe and reasonable.

PART 13 - INFORMATION SHARING

ka-wi-na a-to-tah ke-kwan ka-pe-ta-man - "confidentiality/don't talk about what you hear"
Dene-nuleh, ko-do-ni-sineh - "confidentiality"

Recognizing that parents and other care providers are the child's primary caregivers, all records and information created or received under this law shall remain confidential and cannot be shared with any person or organization, except in particular circumstances, such as, abuse investigation, family group conferencing, legal requirements, and so on. The balance of confidentiality and transparency is designed to protect both the child's rights and the integrity of the family unit, while also ensuring that the child's safety is prioritized in situations where there is a legitimate need to share information for the child's welfare or legal protection. This approach reflects the community's commitment to responsible, culturally-sensitive care and ensures that sensitive matters are handled with the highest degree of respect and legal consideration.

PART 14 - ADOPTION AND PRIVATE GUARDIANSHIP

o-ka-na-we-ni-ci-kew - "someone who takes care of children"
elah-duna-Dene-sekwi-whol-nee - "someone else looking after children"

From time immemorial, our people have looked after one another, living on the land and following traditional customs and practices passed down through the generations, both through words, actions and instinct. Families came together in villages, forming close-knit communities where everyone worked and lived in harmony to ensure the well-being of each family. When families faced challenges and needed help with caring for their children, other families or community members naturally stepped in to provide support. These arrangements were understood and accepted without the need for formal agreements or written documentation, as they were seen as a customary and natural part of life. Within the law, these customs and practices will be protected and certified by the individual Nations decision-making bodies, including Chief and Council.

PART 15 - GENERAL

This section covers key aspects related to liability, regulations, implementation, amendments to the law, and the transition of services from the existing provincial law to the new legislation.

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

Sections of the Draft Law

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