Bill C-92 - A new Pathway towards supporting Indigenous children, youth and families.
Bill C-92 - A new Pathway towards supporting Indigenous children, youth and families. October 30, 2019 • 6 Likes • 0 Comments
Jason Walker Psy.D., Ph.D., Q. Med, Q.Arb Doctor of Psychology | Qualified…
By: Jason Walker Psy.D., Ph.D. | Managing Partner ConflictSpecialists.net A doctor of Psychology, Dr. Walker works with Indigenous communities across Canada on complex issues related to social services, health, administration and service delivery. An expert in the assessment of violence and trauma, Dr. Walker, is a well-respected crisis debriefer and specialist in suicide intervention. Working with a range of organizations Dr. Walker conducts workplace investigations related to harassment, bullying and sexual misconduct. Dr. Walker is a qualified mediator and arbitrator working on several complex civil matters across Canada. Disclaimer: The author is not a lawyer or legal professional. For more information on bill C-92 visit the government of Canada website and or consult your lawyer. The intent of this article is to provide insight in the possibilities and opportunities of this new and exciting development in law. BILL C-92 Moving Forward with Indigenous Law Related to Children, Youth, and Families BACKGROUND Bill C-92 is an Act respecting First Nations, Inuit and Metis children, youth and families, and was introduced into the House of Commons in February 2019 and will come into effect January 1, 2020. The Act, having been constructed with consultation with the AFN and Chiefs across Canada, reaffirms the implementation of the UN Declaration on the Rights of Indigenous Peoples. The Act affirms First Nation jurisdiction and places First Nation laws and practices regarding their families at the forefront of child welfare decisions. Among other critical issues, the legislation was designed to prevent the removal of children from their families, to keep children in their communities and to ensure the principle of the “best interest of the child” is understood and applied through First Nation values, tradition and tribal law. On January 1, 2020 First Nation communities will have the space, backed by law, to assert their rights – which were never surrendered - and create their own laws, related to child welfare. For Nations, it’s time to act. WHAT IS BILL C-92 For too long, provinces and territories have held the authority through child welfare legislation to apply to all people within their jurisdiction. This has included First Nation communities and the provincial/territorial system of control has often superseded the rights of Indigenous People. Bill C-92 recognizes that Indigenous people have never surrendered their inherent jurisdiction of child welfare. This is a human right. One of the fundamental changes that Bill C-92 creates is space for 3 layers of laws (provincial/territorial, federal and Indigenous) to be considered in matters of child welfare. How Bill C-92 works is dependent on what each Nation, based on their unique values, culture, tradition and laws, choose to do. No alt text provided for this image
HOW BILL C-92 WORKS There are 2 Phases to Bill C-92. The Phases, timeline and how implementation looks like is dependent on the First Nation. On January 1, 2020 the impact of the Act will add the federal laws overtop of provincial and territorial law. There are a number of rights to consider related to child and family services where your Nation can influence and define: priorities when placing a child; what to consider when determining the best interest of the child; who will deliver child protection services; participation in legal proceedings and; there is a large emphasis on prevention. Federal rules (within C-92) will apply in addition to the provincial/territorial laws that currently exist. So clearly, a lot of work still needs to happen. FUNDING PHASE 1 - PLANNING Given recent Canadian Human Rights Tribunal Rulings, supporting Firs Nations People on child welfare matters – such as Jordan’s Principle – funding is coming – however what that looks like
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remains to be defined. Regardless, the opportunities of shifting the balance of power and assuming jurisdiction over our children, youth and families must become a priority for our Nations. The money will come – and we should not delay creation of Nation specific laws by waiting on government funding. CREATING LAW AND ASSUMING JURISDICTION Bill C-92 is a path towards creating Nation driven timelines, processes, policies, direction and control of how child welfare funding and decisions are made. This phase – creating law and assuming jurisdiction – is optional - yet is critical for change. Nation’s will determine if they wish to remain within the current system, change – modify their current relationships, move away from existing delegated agreements, remove themselves from provincial/territorial traditional child protection methods, create new delegated agencies or take on the child welfare portfolio within the Nation. C-92 states that the inherent rights of First Nations, Inuit and other Indigenous Peoples in s.35 of The Constitution Act, 1982 “jurisdiction in relation to child and family services, including legislative authority in relation to those services and authority to administer and enforce laws made under that legislative authority” (s. 18) Government has therefore must at the provincial and federal levels, when a Nation gives notice to exercise their jurisdiction, must make “reasonable efforts” to reach a coordinated agreement – this includes all services and funding – and – Once the coordinated agreement is made, or after one year, then its law will have the same force as federal law” (see s.20(3) and s.21). If there is a “conflict or inconsistency”, C-91 S.22 created the rule that: Indigenous laws prevail over provincial/territorial laws. Indigenous laws prevail over federal laws, other than section 1-15 of C-92 itself and theCanadian Human Rights Act. Since there are no existing federal laws on child welfare other than C-92, the Federal Rules will prevail. Interested in Learning More? Contact us! We are working with Nations across the country on the development of Nation specific consultation and law related to bill C-92. Drjasonwalker@icloud.com www.conflictspecialists.net Www.conflictspecialists.net
Published By Jason Walker Psy.D., Ph.D., Q. Med, Q.Arb Doctor of Psychology | Qualified Ar…
On Jan 1, 2020 Bill C-92 an Act that is designed to protect and support Indigenous children, youth and families through Nation driven laws will come into effect. A human rights issue. Are you ready? Reach out we can help #disputeresolution #Indigenous #undrip #BillC92 #childwelfare #triballaw #mentalwellbeing #indigenouspeoples #abouttime
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