Difference between revisions of "Children and Families (Legal Information for Indigenous People)"
Line 86: | Line 86: | ||
=== Virtual Indigenous Justice Centre === | === Virtual Indigenous Justice Centre === | ||
Telephone: 1-866-786-0081 | Telephone: 1-866-786-0081 | ||
* Eligibility: | |||
** Be Indigenous or self-identify as Indigenous | |||
* Be Indigenous or self-identify as Indigenous | ** Legal issue that falls under “child protection” | ||
* Legal issue that falls under “child protection” | ** Been declined by Legal Aid | ||
* Been declined by Legal Aid | |||
=== Nuxalk Nation Health and Wellness === | === Nuxalk Nation Health and Wellness === |
Revision as of 20:48, 31 January 2023
![]() |
EDITS IN PROGRESS This wikibook, Legal Information for Indigenous People, is still under development. The content on this page may be incomplete. For the complete version, download the PDF version via Clicklaw. |
Child protection laws[edit]
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
The Federal Act also sets out the priority for placement of Indigenous children if necessary in the following order:
- One of the child’s parents.
- Another adult member of the child’s family.
- An adult from the same Indigenous community.
- An adult from another Indigenous group.
- Finally, any other adult.
Provincial law[edit]
Provincial child welfare law is called the Child, Family and Community Service Act (CFCSA). The CFCSA applies to all children in BC, on and off reserve.
The Ministry of Children and Family Development (MCFD) as well as Delegated or Semi-Delegated Aboriginal Agencies administer child services under the CFCSA.
If MCFD Social workers contact you with concerns about your child, it is important to get legal advice as soon as possible.
Social workers’ roles include investigating reports of child abuse or neglect and they have authority to remove children from homes if children are at immediate risk. Get support and learn about your rights.
You and your family also could have Band supports available:
- Under the CFCSA, the MCFD must give notice to the Band when they become involved with a family.
- Each Band has a designated representative or equivalent who is supposed to be notified if the MCFD is contacting you.
- You can insist that your Band representative be present for any questioning, meetings with social workers or court proceedings.
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[edit]
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
Child protection resources[edit]
Legal Aid BC[edit]
Telephone: 1-866-577-2525
- Free legal representation for child welfare matters.
- Call a Legal Advocate for help with applications.
- Legal Aid BC has published several resources such as “Parents Rights, Kids Rights,” “Keeping Aboriginal Kids Safe,” etc. https://legalaid.bc.ca/publications
Wrapping Our Ways Around Them is a resource that empowers Indigenous Nations and community involvement in caring for Indigenous children. It provides advice to lawyers, judges, children, families, community members and social work teams. https://legalaid.bc.ca/publications/pub/wrapping-our-ways-around-them
Virtual Indigenous Justice Centre[edit]
Telephone: 1-866-786-0081
- Eligibility:
- Be Indigenous or self-identify as Indigenous
- Legal issue that falls under “child protection”
- Been declined by Legal Aid
Nuxalk Nation Health and Wellness[edit]
Telephone: 250-799-5809
Community Wellness worker
MCFD social workers[edit]
Telephone: 1-250-799-5395 (Bella Coola)
Semi-Delegated Aboriginal Agencies in the region:[edit]
- Heiltsuk Kaxla Society
- Telephone: 1-250-957-4325 (Bella Bella)
- Denisiqi Services Society
- Telephone: 1-250-392-6500 (Ulkatcho Nation, Williams Lake)