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On June 21, 2019, Bill C-92 An Act Respecting First Nations, Inuit and Métis Children, Youth and Families became law.
The Bill is a huge and unprecedented step forward in Canada. It is the first time the federal government has exercised its jurisdiction to legislate in the area of Indigenous child welfare. The purposes of the Bill is to recognize Indigenous People’s jurisdiction over child and family services, as part of an inherent and Aboriginal right to self-governance; to establish national standards in this area, in response to the TRC’s Call to Action #4; and to contribute to the implementation of UNDRIP.
In March 2019, Yellowhead published An Act Respecting First Nations, Inuit and Métis Children, Youth and Families: Does Bill C-92 Make the Grade?, an analysis by five legal scholars that raised a number of serious concerns with the proposed bill. Since the bill has passed, three of the five authors of that report followed up with an updated analysis, identifying both the improvements in Bill C-92 since that initial report as well as the key problems that remain. Finally, the authors also share 21 implementation strategies to assist Indigenous communities in trying to work with the new law.
KEY QUESTIONS
- The ground-breaking recognition and fundamental shift Bill C-92 represents is necessary, and long overdue. The question remains, as it passes into law, is it sufficient?
Related Resources
It is important to turn now to supporting communities prepare for the legislation, including providing information on the implementation process, ensuring adequate funding is obtained, and establishing the institutions to develop child welfare laws and practices.