Difference between revisions of "Children and Families (Legal Information for Indigenous People)"

Children and Families (Legal Information for Indigenous People) (view source)

711 bytes added , 20:20, 31 January 2023

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 '''ISSUE:''' For legal supports for Child Protection issues, see pages 18-20 for some local and provincial suggestions.
-When there is a Conflict between Laws
+==== When there is a Conflict between Laws ====
 As a general rule:
 * If the conflict is between federal and provincial law, the federal law prevails.
 * If there is a conflict between the federal law and the law of the Indigenous Nation, the Nation’s law is paramount with some limitations.
 * If there is a conflict between two Nations’ laws, the law from the community to which the child has stronger ties prevails.
+Under the Federal Act, Provincial laws and policies continue to apply to the extent of a conflict or inconsistency with federal laws or Indigenous laws over child and family services. In which case, both the federal laws and Indigenous laws prevail over the ''CFCSA''. The Federal Act was enacted in part to ameliorate the “unreasonable infringement” of the Indigenous right to self-determination and the right to self-government over child welfare matters.
+This is an evolving area of law.
+For more information, seek legal advice.
+'''Atira Women’s Resource Society: 604-331-1407 x.114'''
+'''Email is volunteeradvocate@atira.bc.ca'''
+'''Indigenous Community Legal Clinic: 1-888-684-7874'''