First Nations Jurisdiction over Child and Family Services in BC

There are 204 First Nations communities across what is now called British Columbia, each with their own distinct laws, practices and histories. First Nations in BC have never surrendered our lands or territories and hold inherent rights and responsibilities in our respective lands. This includes the inherent right and responsibility to care for and raise our children. For decades, First Nations in BC have led the way advocating for systemic change and asserting jurisdiction over child and family services.

In January 2020, An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (also known as “Bill C-92”) came into force as federal law, recognizing and affirming the pre-existing, inherent right to jurisdiction and self-determination held by First Nations over child and family services, and establishing a series of national minimum standards that must be adhered to by all provincial and territorial governments. The Act was the first federal statute to recognize the inherent right of self-determination held by Indigenous peoples and seeks to contribute to the implementation of the UN Declaration by establishing a framework in federal law to recognize and affirm First Nations child and family services laws.

BC was the first jurisdiction in Canada to pass into law a legal framework for implementation of the minimum rights standards set out in the UN Declaration on the Rights of Indigenous Peoples through the passage of the Declaration Act. On June 21, 2021, the Government of Canada passed the United Nations Declaration on the Rights of Indigenous Peoples Act (also known as “Bill C-15”) which received Royal Assent and immediately came into force. These Acts affirm that the UN Declaration applies to provincial laws in BC and in Canadian law, and require the BC Government and the Government of Canada to take all measures necessary, in consultation and cooperation with Indigenous peoples, to ensure consistency of laws with the UN Declaration, and to create and implement actions plans to meet the objectives of the UN Declaration.

First Nations Jurisdiction over Child and Family Services in BC

There are 204 First Nations communities across what is now called British Columbia, each with their own distinct laws, practices and histories. First Nations in BC have never surrendered our lands or territories and hold inherent rights and responsibilities in our respective lands. This includes the inherent right and responsibility to care for and raise our children. For decades, First Nations in BC have led the way advocating for systemic change and asserting jurisdiction over child and family services.

In January 2020, An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (also known as “Bill C-92”) came into force as federal law, recognizing and affirming the pre-existing, inherent right to jurisdiction and self-determination held by First Nations over child and family services, and establishing a series of national minimum standards that must be adhered to by all provincial and territorial governments. The Act was the first federal statute to recognize the inherent right of self-determination held by Indigenous peoples and seeks to contribute to the implementation of the UN Declaration by establishing a framework in federal law to recognize and affirm First Nations child and family services laws.

BC was the first jurisdiction in Canada to pass into law a legal framework for implementation of the minimum rights standards set out in the UN Declaration on the Rights of Indigenous Peoples through the passage of the Declaration Act. On June 21, 2021, the Government of Canada passed the United Nations Declaration on the Rights of Indigenous Peoples Act (also known as “Bill C-15”) which received Royal Assent and immediately came into force. These Acts affirm that the UN Declaration applies to provincial laws in BC and in Canadian law, and require the BC Government and the Government of Canada to take all measures necessary, in consultation and cooperation with Indigenous peoples, to ensure consistency of laws with the UN Declaration, and to create and implement actions plans to meet the objectives of the UN Declaration.

First Nations Jurisdiction over Child and Family Services in BC

There are 204 First Nations communities across what is now called British Columbia, each with their own distinct laws, practices and histories. First Nations in BC have never surrendered our lands or territories and hold inherent rights and responsibilities in our respective lands. This includes the inherent right and responsibility to care for and raise our children. For decades, First Nations in BC have led the way advocating for systemic change and asserting jurisdiction over child and family services.

In January 2020, An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (also known as “Bill C-92”) came into force as federal law, recognizing and affirming the pre-existing, inherent right to jurisdiction and self-determination held by First Nations over child and family services, and establishing a series of national minimum standards that must be adhered to by all provincial and territorial governments. The Act was the first federal statute to recognize the inherent right of self-determination held by Indigenous peoples and seeks to contribute to the implementation of the UN Declaration by establishing a framework in federal law to recognize and affirm First Nations child and family services laws.

BC was the first jurisdiction in Canada to pass into law a legal framework for implementation of the minimum rights standards set out in the UN Declaration on the Rights of Indigenous Peoples through the passage of the Declaration Act. On June 21, 2021, the Government of Canada passed the United Nations Declaration on the Rights of Indigenous Peoples Act (also known as “Bill C-15”) which received Royal Assent and immediately came into force. These Acts affirm that the UN Declaration applies to provincial laws in BC and in Canadian law, and require the BC Government and the Government of Canada to take all measures necessary, in consultation and cooperation with Indigenous peoples, to ensure consistency of laws with the UN Declaration, and to create and implement actions plans to meet the objectives of the UN Declaration.

First Nations in BC have led the way for decades in asserting jurisdiction over children and family services.

First Nations in BC have led the way for decades in asserting jurisdiction over children and family services.

First Nations in BC have led the way for decades in asserting jurisdiction over children and family services.

First Nations Tripartite Working Group On First Nations Child And Family Wellbeing

Following direction provided by First Nations Chiefs and leaders via resolution, the First Nations Leadership Council (FNLC) received a mandate to advance the work in the “Action Framework: Reconciliation, Self-Determination, and Self-Government for Indigenous Children, Families and Nations in BC.” This included establishing the Tripartite First Nations Children and Families Working Group (TWG) with provincial and federal partners.

The Reconciliation Charter for First Nations Child & Family Well-Being in British Columbia (“Reconciliation Charter”), signed in April 2017, and the Tripartite First Nations Children and Families Working Group Terms of Reference (“TOR”), approved in March 2017, were the first major deliverables of the TWG.

The Working Group’s TOR set out objectives to achieve the mutual goal of systemic reform to improve First Nations child and family well-being which reflect the mutual commitments in the Reconciliation Charter to implement the concrete actions.

Tripartite efforts are underway in British Columbia by Canada, British Columbia and First Nations to achieve systemic and transformative changes to support Indigenous self-determination and self-government in relation to children and families, including:

i.      Legislative reform;
ii.     Policy and program development; and
iii.    An effective fiscal model to support First Nation child welfare in BC.

First Nations Tripartite Working Group On First Nations Child And Family Wellbeing

Following direction provided by First Nations Chiefs and leaders via resolution, the First Nations Leadership Council (FNLC) received a mandate to advance the work in the “Action Framework: Reconciliation, Self-Determination, and Self-Government for Indigenous Children, Families and Nations in BC.” This included establishing the Tripartite First Nations Children and Families Working Group (TWG) with provincial and federal partners.

The Reconciliation Charter for First Nations Child & Family Well-Being in British Columbia (“Reconciliation Charter”), signed in April 2017, and the Tripartite First Nations Children and Families Working Group Terms of Reference (“TOR”), approved in March 2017, were the first major deliverables of the TWG.

The Working Group’s TOR set out objectives to achieve the mutual goal of systemic reform to improve First Nations child and family well-being which reflect the mutual commitments in the Reconciliation Charter to implement the concrete actions.

Tripartite efforts are underway in British Columbia by Canada, British Columbia and First Nations to achieve systemic and transformative changes to support Indigenous self-determination and self-government in relation to children and families, including:

i.      Legislative reform;
ii.     Policy and program development; and
iii.    An effective fiscal model to support First Nation child welfare in BC.