Provinces a barrier to reform: Bellegarde
OTTAWA • National Chief
Perry Bellegarde of the As
sembly of First Nations says
provincial governments that want to cling to their authority over child welfare are one of the biggest barriers to implementing new legislation giving Indigenous communities control over their children’s well-being.
Bellegarde and Indigenous
Services Minister Marc Miller signed what they called a “protocol agreement” in Ottawa Tuesday that is the next step in implementing Bill C-92. That bill, which passed last year and took effect on Jan. 1, recognizes the inherent right Indigenous communities have to oversee child-welfare services. “That’s one of the biggest challenges, is getting the premiers and the territorial governments to accept that there is a jurisdiction that needs to be respected,” he said.
It’s partly a response to a long history of off-reserve authorities removing Indigenous children from their communities in the name of protecting them.
Under the bill, Indigenous organizations and governments can develop their own child-welfare laws and programs, in agreements reached with the federal government. Tuesday’s document outlines how some of those discussions will happen, including regular meetings between Ottawa and Indigenous governments.
Bellegarde said, however, that the provinces have to be part of the conversation, because it’s provincial government services that are most affected. In Canada, Ottawa provides the funding for child protection services on reserves but those services are often provided by provincial agencies.
Bill C-92 will change that, setting national standards in federal law that will require child welfare services
provided to First Nations, Metis and Inuit children put
children’s best interests first, including preserving their culture, language, religion and heritage, and recognizing the importance of having an ongoing relationship with their community.
Some provinces are wary or flat-out reject the bill. Quebec has gone to court to the challenge the law as uncon
stitutional, while Manitoba
has expressed concern about how parallel systems will co-operate, including with child-abuse registries and the provincial court system.
Miller said the goal has to
be how to make things better.
“I would prefer to be in a discussion as to who is doing the best job by Indigenous children and not who has the right to continue to be doing a miserable job,” he said.