Dozens of Indigenous governments working to run their own child and family services

By Cristin Schmitz ·

Law360 Canada (January 3, 2025, 4:27 PM EST) -- In the five years since enabling federal legislation came into force, 85 Indigenous governments, representing more than 110 communities across Canada, have given notice to exercise their jurisdiction over child and family services or have made requests to enter into discussions about entering coordination agreements with the federal government, according to Indigenous Services Canada (ISC).

The federal department said, on Jan. 3, 2025, that since An Act respecting First Nations, Inuit and Métis children, youth and families (Bill C-92) went into effect on Jan.1, 2020, Canada has signed 10 coordination agreements on child and family services and 1 bilateral agreement with Indigenous governing bodies, including the first Inuit agreement.

Over the past five years, ISC has received 64 notices to exercise jurisdiction over child and family services and 41 requests to enter into coordination agreement discussions from a total of 85 Indigenous governing bodies.

“Through the Act, Indigenous groups can design and deliver child and family services solutions that best suit their needs,” the federal government said. “To this end, these coordination agreements have impacted hundreds of Indigenous children in meaningful ways. Continuing to have jurisdiction over their systems will help keep future generations immersed in their cultures, connected to their families and communities."

The government said Bill C-92 affirms the inherent rights of First Nations, Inuit and Métis peoples to exercise jurisdiction over their communities' child and family services. “The Act, co-developed with Indigenous, provincial and territorial partners, sets national principles, such as the best interests of the child, cultural continuity and substantive equality to help guide the delivery of child and family services,” ISC said. “The implementation of the Act remains a government priority, reinforced by the Supreme Court of Canada's ruling on Feb. 9, 2024, that the Act, in its entirety, is constitutionally valid”: Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5.

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