According to a recent news release, Manitoba has “signed a historic relationship declaration committing to the transfer of jurisdiction over child welfare to First Nations” governments in the province.
The transfer is a response to the Truth and Reconciliation Commission of Canada’s call to reduce the number of Indigenous children in care and affirm “the right of Indigenous governments to establish and maintain their own child welfare agencies.”
Premier Wab Kinew, the first Indigenous person to hold the role of provincial leader, spoke of children in care needing “connection to their families.”
Wab Kinew, premier of Manitoba
Manitoba Families Minister Nahanni Fontaine said these children in care “do better when they’re able to stay within community and connected to culture.”
“Every child in Manitoba should have supports to thrive, and we know the current child welfare system needs to do better,” said Fontaine. “First Nations are best placed to care for their own children and today’s declaration is an important step forward as we work collaboratively to return responsibility for child welfare.”
The declaration was signed on May 13 at a meeting attended by around 40 Indigenous leaders from across the province.
The news release notes Bill C-92, federal legislation “respecting First Nations, Inuit and Métis children,” which became law in 2020.
“The federal act reaffirms the authority of Indigenous nations to pass and enforce laws related to the provision of child and family services to their citizens supported by co-ordination agreements with Canada and provinces or territories,” states the release.
Manitoba has one of the largest Indigenous populations in Canada: As of 2020, Indigenous people accounted for 18 per cent of its overall population — the highest of all the provinces (not including the territories, all of which boasted higher numbers), according to a Department of Indigenous Services report to Parliament.
Manitoba’s news release notes that, as of March 31, 2023, 91 per cent of the 8,990 kids in care in the province were Indigenous.
Law360 Canada asked a government spokesperson if Manitoba would play any role at all following the transfer of welfare services.
“Federal legislation provides for the transfer of child welfare services to Indigenous governments as they develop laws and sign trilateral co-ordination agreements over time,” they said in an email statement. “Indigenous governments will develop their own oversight mechanisms in accordance with customary traditions and laws. Similarly, Indigenous governments will determine who will deliver services and what training will be provided.”
They were asked how Manitoba’s child welfare system will be impacted, and if there will be any staff layoffs.
The answer to this was not made entirely clear.
“The size of the provincial child welfare system is expected to reduce over time as services and staff transfer to provide services developed by Indigenous governments,” they said as part of their statement.
Chief Gordon Bluesky, of Brokenhead Ojibway Nation, said Indigenous “language, culture, and traditional ways of life will serve as the foundation for our programming.”
“We will ensure our people have access to adequate capital infrastructure to support their needs,” said Bluesky. “We will continue to uplift and support one another as we exercise our treaty and inherent rights, creating our own child and family services law that will benefit future generations to come.”
This is not the first time Manitoba has made a move such as this.
Last year, the government entered its “first co-ordination agreement” with Peguis First Nation. In their statement to Law360 Canada, the government spokesperson called Peguis First Nation “the first Indigenous government in Manitoba and the third across Canada to sign a trilateral co-ordination agreement.”
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