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

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.

(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."

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

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."

A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal. Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration."