BILL C-92
Bill C-92 recognizes and affirms that jurisdiction over child and family services is an inherent right. Recognition under Bill C-92 means that it has the force of a Canadian federal law and prevails over federal and provincial laws.
Act C-92 opens the door for Indigenous communities to build their own child intervention systems and related laws so that they can better care for their children, youth, and families.
The essential matter addressed by the Act involves protecting the well‑being of Indigenous children, youth and families by promoting the delivery of culturally appropriate child and family services and, in so doing, advancing the process of reconciliation with Indigenous peoples.
WHAT IS BILL C-92?
An Act respecting First Nations, Inuit and Métis children, youth and families received Royal Assent on June 21, 2019, and became Canadian law. The legislation comes into effect on January 1, 2020. This legislation recognizes and affirms the inherent right of self-government held by First Nations in relation to child and family services and confirms that such rights are existing inherent Aboriginal and treaty rights in section 35 of the Constitution Act, 1982. This legislation will apply to First Nations children, youth and families, and means that the application of provincial child welfare laws, policies and practices to First Nations will change as of January 1, 2020, subject to how and when First Nations assert jurisdiction over child welfare. Preparing for the change will require work on two tracks: 1. Re-establishing First Nations laws and practices for total First Nations control over child welfare decisions, with the option of entering into coordination agreements with the provincial and federal government. 2. Work within current child welfare system with the children, youth and families currently in the system, who can greatly benefit from the new tools that come with the legislation to keep families together, including supporting kinship placement and reconsidering existing cases.
JORDAN’S PRINCIPLE
Jordan's Principle ensures that Indigenous children receive the public services and products they need without delays or discrimination, prioritizing their well-being over jurisdictional disputes. It requires governments to work together to provide services on an equal basis with non-Indigenous children.
WHAT IS JORDAN’S PRINCIPLE?
Jordan's Principle is a child-first, needs-based principle that ensures Indigenous children have access to public services, products, and care when they need them, without delays or discrimination. Named after Jordan River Anderson, a young boy from the Norway House Cree Nation, the principle was born out of his tragic story. Jordan spent much of his life in hospital while provincial and federal governments argued over who should cover the cost of his care. Tragically, Jordan passed away before he could receive the necessary treatment.
Jordan's Principle is a commitment to ending these jurisdictional disputes and guaranteeing that Indigenous children can access the services they need, when they need them—whether for health, education, or other essential services. The principle ensures that no child is denied services or forced to wait due to gaps or delays in the system, and it requires governments to collaborate and prioritize the needs of children over bureaucratic barriers.
By upholding Jordan’s Principle, we reaffirm the importance of prioritizing the safety, health, and well-being of Indigenous children, recognizing their rights as equal to those of all Canadian children. It is a step toward correcting the historical inequities that have impacted Indigenous families and ensuring a brighter, more equitable future for the next generation.
CO-ORDINATION AGREEMENTS
WHAT ARE CO-ORDINATION AGREEMENTS?
Co-ordination Agreements are formal agreements between Indigenous governments and federal or provincial governments aimed at improving collaboration and coordination in the delivery of services to Indigenous communities. These agreements help address gaps and inefficiencies in services, ensuring that Indigenous peoples have timely access to health, education, social, and child welfare services that meet their unique needs. Co-ordination Agreements are important because they empower Indigenous communities to take a more active role in decision-making and service delivery, supporting self-determination and ensuring that services are culturally appropriate, effective, and responsive to the needs of Indigenous peoples.
BAND DESIGNATES ALBERTA
WHAT ARE BAND DESIGNATES?
In Alberta, Band Designates play a critical role in ensuring that services and programs intended for First Nations communities are delivered effectively and in a culturally appropriate manner. These individuals, who are often appointed by the leadership of First Nations, serve as a liaison between their communities and external organizations, such as provincial or federal governments. Their responsibilities include advocating for the needs of their communities, coordinating the delivery of services like health care, education, and social support, and ensuring that policies and programs respect the specific cultural and socio-economic needs of their people. Band Designates are essential for fostering stronger relationships between Indigenous communities and government bodies, promoting self-governance, and ensuring that First Nations have a direct voice in decisions that affect their well-being. Their role is vital for the ongoing empowerment of Indigenous peoples and for ensuring that services are delivered in a way that aligns with the community's values and priorities.