‘The taking of our children has to stop’

First Nations leaders demand courts place foster kids in Aboriginal homes

As a Calgary court considers the future placement of two Indigenous foster kids, First Nations leaders are calling on the federal government to change policies to ensure Indigenous children are placed in Aboriginal homes to maintain their cultural ancestry.

Provincial court heard a childservices case Tuesday in which two Indigenous children were taken from their underage biological mother and placed with a non-Indigenous family in southern Alberta more than two years ago.

While a written decision has been held over until mid-March, Siksika Nation spokeswoman Lowa Beebe said extended family members of the two children are prepared to take in the children in a bid to provide them with an Indigenous upbringing, and avoid the possibility of the kids being adopted by the non-Indigenous family.

“This extended family is perfectly capable of taking in these kids,” said Beebe.

“Why wouldn’t this be automatic? Why would we have to hire a legal representative to make sure these kids can go back to their family?”

Over the Family Day long weekend, several First Nations chiefs spoke out on the case, saying the current Family Law Act does not have policies to identify the specific needs of Indigenous children, and there is no requirement to consult with First Nations on private guardianship applications concerning children who are listed members from their Nations.

Siksika Nation Chief Joseph Weasel Child called for the federal government to change the legislation with regards to consultation on non-Indigenous private guardianship applications and adoptions of Indigenous children within provincial court systems.

“The taking of our children has to stop,” Weasel Child said. “We are prepared to take further legal action when it comes to protecting our children.”

Weasel Child was joined by Chief Daniel Starchief of the Mosquito-Grizzly Bear’s Head-Lean Man Nation and Assembly of First Nations Alberta Regional Chief Craig Makinaw in speaking out.

The leaders argued that the deliberate placement of Indigenous children in non-Indigenous homes perpetuates a historic agenda that they say continues to interfere with Indigenous family structures.

They also argued that children adopted in cross-racial adoptions experience a loss of culture and heritage, eroded cultural identity, and connection to their families and communities.

According to the Siksika Nation news release, the two children were originally supposed to be placed with biological family.

The extended family had been in discussions with Child Family Services for kinship placement, at the request of the biological parents.

But that process was thwarted by the foster parents, who disagreed with the ministry’s placement plan, according to the release.

An application for private guardianship diverted the case into Family Court for a decision.

The trial process has been underway since November 2015.

On Tuesday, a provincial court judge heard arguments and delayed a written decision until March 14.