Children and Families (Legal Information for Indigenous People)

Child protection laws

The legal landscape of child protection law is changing in Canada. It is important to know about the different laws that could apply to your situation. There are different laws to consider in a child protection case.

Federal: An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (Bill C-92)

Provincial: Child, Family and Community Service Act (CFCSA)

Indigenous Laws: Nations have Indigenous laws and traditions and many have or will be enacting their own child protection laws.

"The Federal Act requires that the Indigenous laws and traditions of a child’s own community be reflected in all aspects of caring for that child, even where the Indigenous community has not entered (or may not enter) a process to officially pass their own child welfare law."

– Ardith Walkem, Wrapping Our Ways Around Them

The Federal Act:

• affirms the inherent right of Indigenous self-government, which includes jurisdiction in relation to child and family services,
• sets out national standards for the provision of child and family services in relation to Indigenous children, and
• sets out the best interests of Indigenous children, which includes factors such as:
  • their cultural, linguistic, religious and spiritual heritage,
  • the nature and strength of their relationship with their parents, care providers, or extended family, and
  • the importance to the child of preserving their cultural identity and connections to the language and territory

A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

With respect to courts, (1) the authority of the court to hear an action and make orders, (2) the limits of the authority of a particular judicial official, (3) the geographic location of a court, or (4) the territorial limits of a court's authority. With respect to governments, (5) the authority of a government to make legislation as determined by the constitution, or (6) the limits of authority of a particular government agency. See “constitution."