Information for Indigenous Governments
This page provides information for Indigenous governments that are considering or in the process of exercising inherent jurisdiction over child and family services for their members.
Pertinent Sections of An Act respecting First Nations, Inuit and Métis children, youth and families
Section 12 Notice of Significant Measure
Section 12 of the federal act states that an Indigenous Governing Body may provide notice to a service provider that they are acting on behalf of an Indigenous government. In Manitoba, the provincial government works with CFS Authorities and agencies to share which Indigenous Governing Bodies have requested Section 12 notice.
After receiving Section 12 notice, child and family services providers must provide notice of significant measures involving an Indigenous child to the child’s parent and the care provider, as well as to the Indigenous government that acts on behalf of the child’s nation.
When submitting Section 12 Notices to Manitoba please send a dated letter to IJTOADM@gov.mb.ca. Please include the following information in your letter.
- Name of Indigenous Governing Body
- Name of represented First Nation(s)
- Name, email address, phone number, and position title of the contact person
Section 20(1) – Notice of intent to exercise legislative authority
Under Section 20(1) of the federal act, an Indigenous government may provide notice of intent to exercise legislative authority to the provincial and federal governments. This signals to Manitoba and Canada that the Indigenous government is taking steps towards eventually assuming jurisdiction over child and family services.
During this period, the Indigenous government may consider matters such as developing law, exploring service delivery models, and what will be needed to exercise jurisdiction.
Federal funding is available to support this through Indigenous Services Canada’s Capacity Support Program.
Section 20(2) – Notice of request to enter into a Coordination Agreement
Under Section 20(2) of the federal act, an Indigenous government may provide notice to the provincial and federal governments of its intent to enter into a Coordination Agreement. Supporting the transition of responsibility for child and family services to Indigenous nations is an important step on the path of Truth and Reconciliation. Indigenous governments enter into negotiations with federal and provincial governments to develop coordination agreements that lay out a common understanding related to jurisdiction, funding, service delivery coordination, information sharing, and legislation, among other matters.
Requesting information from the province
Indigenous Governments may wish to contact the Indigenous Jurisdiction Transition office (IJTOADM@gov.mb.ca) in order to obtain information regarding families from their nation receiving provincial child and family services. The branch can provide data summaries to the nation with information such as: how many of their children are in care and where they are located.
Exercising Jurisdiction
The Indigenous Jurisdiction Transition office supports this process by working with Indigenous Governments on their path to exercising their inherent jurisdiction over child welfare of their children. This branch represents the Government of Manitoba in trilateral coordination agreements with Indigenous governments and the Federal Government after Indigenous governments provide section 20(2) notice. These agreements coordinate the delivery of child and family services by Indigenous governments and the province. The branch also supports the implementation of provincial CFS system adaptation and works with other provincial departments and stakeholders to support the implementation of Indigenous laws from a whole-of-government approach.
Possible considerations
An Indigenous government seeking to exercise jurisdiction under the federal act may wish to explore the following questions:
- Is the Indigenous government receiving section 12 notice in relation to significant measures about children from the community?
- Does the Indigenous government require more information about how many children are in provincial care and where they are located?
- Is the Indigenous government’s law ready to be shared?
- What resources will the Indigenous Service Provider need in order to offer services on-reserve and off-reserve (if desired)?
- Will there be a need to access some provincial services while the Indigenous government develops its own resources (e.g. specialized placements)?
Having early and frequent discussions with Manitoba’s Indigenous Jurisdiction Transition office and representatives of the Government of Canada can help Indigenous governments plan how to take over responsibility for delivering child and family services to their members. Initial discussions can also help a community grow their understanding of how many children are in care, their needs, where those children currently reside, and who is providing services.
An Indigenous government seeking to exercise jurisdiction may also seek support for capacity building from the federal government.
Example of what a path to exercising jurisdiction may look like:
Considerations for day one of a nation’s law
- Who will provide services to your nation’s children and accept transfers of cases from the provincial system on behalf of your nation?
- Is the service provider currently in existence, or does it need to be created in order to deliver services when the Indigenous law enters into force?
- If the service provider already exists, does it serve multiple communities?
- Has planning around the physical space taken place?
- Who should be contacted in the case of an emergency involving one of your children elsewhere in the province?
