The Canadian government, in partnership with Indigenous peoples, provinces, and territories, is actively working to decrease the number of Indigenous children and youth in care through enhanced child and family services. This collaborative effort has led to significant legislative changes and ongoing initiatives designed to support Indigenous families and communities.
The cornerstone of this transformation is the Act respecting First Nations, Inuit and Métis children, youth and families, which came into effect on January 1, 2020. This landmark legislation is the result of extensive co-development and aims to affirm Indigenous jurisdiction in child and family services, embedding principles of cultural continuity and the best interests of the child into national standards. A protocol between the Assembly of First Nations and the Government of Canada further solidifies this partnership, establishing a framework for continued dialogue and implementation of the Act.
Understanding the Act Respecting Indigenous Children, Youth, and Families
This Act is a direct response to the unique challenges faced by Indigenous families and the historical context of child welfare in Canada. It recognizes the inherent rights of First Nations, Inuit, and Métis peoples to self-determination in matters concerning their children and families. Key features of the Act include:
- Recognition of Indigenous Jurisdiction: The Act explicitly acknowledges the right of Indigenous communities to exercise jurisdiction over child and family services, allowing them to create and implement their own laws and systems.
- National Principles: It establishes paramount national standards centred on the best interests of the child, the importance of cultural continuity, and the pursuit of substantive equality for Indigenous children and families.
- Alignment with UNDRIP: The legislation is a concrete step towards implementing the United Nations Declaration on the Rights of Indigenous Peoples, particularly Article 24 concerning the rights of Indigenous children and families.
- Empowering Indigenous Solutions: The Act empowers Indigenous peoples to develop and implement solutions that are culturally appropriate and responsive to the specific needs of their communities, fostering self-determined approaches to child and family well-being.
The passage of the Act on June 21, 2019, and its subsequent implementation on January 1, 2020, marked a significant shift in the approach to Indigenous child and family services in Canada, moving towards a model that respects Indigenous rights and promotes community-led solutions.
Key Changes and Implementation of the Act
The implementation of the Act respecting First Nations, Inuit and Métis children, youth and families has brought about tangible changes in how child and family services are delivered to Indigenous communities. Since January 1, 2020, the following key shifts have occurred:
- Indigenous Jurisdiction Options: Indigenous groups developing their own child and family services legislation have been provided with two distinct pathways to exercise their jurisdiction under the Act, offering flexibility and self-determination.
- Minimum National Standards: All service providers working with Indigenous children and families are now required to adhere to minimum standards outlined in the Act, ensuring a baseline of culturally sensitive and equitable care.
- Continuity of Existing Services: Existing agencies continue to provide services to Indigenous children, ensuring no disruption in care during the transition period.
- Validity of Existing Agreements: Agreements with delegated agencies remain in effect unless renegotiated, providing stability and allowing for gradual adaptation to the new legislative framework.
- Indigenous Service Delivery Models: Indigenous groups can choose to work with delegated agencies or establish their own service delivery models, promoting innovation and community ownership in service provision.
- Precedence of Indigenous Laws and Treaties: The Act recognizes the precedence of treaties and self-government agreements related to child and family services that predate the Act, ensuring respect for existing Indigenous legal orders.
- Information Accessibility: Indigenous Services Canada (ISC) provides resources and information on its website, including notices of intent, coordination agreements, and Indigenous laws, to support service providers and facilitate the Act’s implementation.
ISC remains committed to supporting Indigenous groups as they navigate the options for exercising their jurisdiction, ensuring a collaborative and respectful approach to implementing the Act. The First Nations Child and Family Services interactive map offers a valuable resource for locating service providers, and the Repository for notices under section 12 provides contact information for Indigenous governing bodies authorized to receive notices from service providers.
Co-development and Engagement with Indigenous Partners
The Act respecting First Nations, Inuit and Métis children, youth and families is a product of extensive co-development and engagement. During 2018, the Government of Canada undertook a comprehensive consultation process, involving national, regional, and community-level Indigenous organizations, Treaty Nations, self-governing Indigenous entities, provinces, territories, experts, and individuals with lived experience, including Elders, youth, and women. Over 65 engagement sessions were conducted across Canada, with nearly 2,000 participants contributing to shaping this crucial legislation. This collaborative approach underscores the government’s commitment to working in partnership with Indigenous peoples to reform child and family services.
The Overrepresentation of Indigenous Children in Foster Care: Addressing the Imbalance
A stark reality in Canada is the disproportionate number of Indigenous children in foster care. Despite representing only 7.7% of the child population according to the 2021 Census, Indigenous children constitute 53.8% of children in foster care. This overrepresentation is a critical issue rooted in systemic factors, including the legacy of residential schools, intergenerational trauma, and socio-economic disparities. Data from the 2011 National Household Survey further highlights these disparities, revealing that 38% of Indigenous children in Canada live in poverty, compared to 7% of non-Indigenous children. Addressing these underlying issues is crucial to reducing the number of Indigenous children in care and ensuring equitable outcomes for Indigenous families.
Progress on the 6 Points of Action: A Path Forward
Recognizing the urgency of addressing the overrepresentation of Indigenous children in care, the Government of Canada committed to a 6 points of action plan in January 2018. Significant progress has been made on each of these points, demonstrating a sustained commitment to reform. One key example is Point 6, focused on developing a data and reporting strategy in collaboration with provinces, territories, and Indigenous partners. The Inuit Data Strategy Working Group, a joint initiative between Inuit Tapiriit Kanatami and ISC, exemplifies this collaborative approach. This group is co-developing data initiatives to improve child and family services for Inuit children. Their work includes the Data Discussion Paper: Inuit-specific child welfare data, endorsed in October 2024, which provides an analysis of existing data and identifies areas for improvement. This paper is also available in Inuktitut as Tukisigiarutitsanit Tuqqutuqtausimajuni Uqaqatigiigutitsaliangusimajut Titiraqtausimagutingit: Pijjutilik Inuit Nutaqqat Paqqijaugiaqaqsimaninginnut Tuqqutuqtausimagutinginnit. These initiatives demonstrate concrete steps towards a more data-driven and culturally responsive approach to Indigenous child and family services.
Contact Information
For further information regarding the Act respecting First Nations, Inuit and Métis children, youth and families and its implementation, please reach out to:
- Phone (toll free): 1-800-567-9604
- Teletypewriter (toll free): 1-866-553-0554
- Email: [email protected]
Please be aware that these contact channels are monitored during regular business hours and are not intended for specific child and family services delivery concerns or personal information related to service delivery matters. For concerns about a child’s safety or well-being, please contact the relevant provincial or territorial authorities. For general inquiries about ISC programs and services, contact the Public Enquiries Contact Centre or your nearest ISC Regional Office.
Related Resources
Thank you for your feedback.
Date modified:
