The Federal Act: An Act Respecting First Nations, Inuit and Métis Children, Youth and Families
The federal act: An Act respecting First Nations, Inuit and Métis children, youth and families came into force on January 1, 2020.
The act affirms Indigenous peoples’ right to self-determination, including the inherent right of self-government, which includes jurisdiction in relation to child and family services.
What does this mean for Manitobans?
This Act creates a path for Indigenous governments to assume jurisdiction over child and family services for their citizens under Indigenous law (rather than provincial law).
National Principles
The federal act creates national principles that apply to the provision of child and family services to Indigenous children across Canada. These principles are currently in force and apply to all child and family services agencies and Authorities in Manitoba. They have also been embedded into provincial legislation. When serving children and families, agencies must consider the following principles:
- Best interests of child
- Cultural continuity
- Substantive equality
Manitoba’s legislation embodies these principles by affirming that the views of the child, their family, and the child’s Indigenous Nation, must be considered without discrimination. Furthermore, these principles recognize that Indigenous language, culture, practices, customs, traditions, and ceremonies are critical to prevent Indigenous children from losing their connections.
