Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
The best interests of the child must be considered whenever decisions are made in child and family services matters involving an Indigenous child, whether that is a decision by a case worker or a decision by a judge.
The law says that considering the best interests of a child includes considering the child's views and preferences. In a court proceeding, a child may benefit from the help of a lawyer to get their views before the court.
Child's Views and Preferences
One of the things that must be taken into account when considering the best interests of a child are "the child's views and preferences". The law says that the importance placed on those views and preferences will depend on the age and maturity of the child.
It is also important to note that if you are signing a Section 9 Agreement to have your child placed outside of your home and if your child is 12 or older, the Ministry or FNCFS Agency is required to explain the agreement to your child and take their views into account if possible.
Counsel for Children Program
The Counsel for Children program through the Government of Saskatchewan provides lawyers for children and youth in child protection proceedings (once there is a court proceeding) to help make sure their voice is heard. There are two ways a lawyer can be appointed for a child...
- A judge directs that a child have a lawyer. This can happen at the very beginning of a court proceeding or at any time as it continues.
Someone applies to the program. If a child is old enough, they can apply themselves. Otherwise, someone can apply on their behalf.
A person can call or email the program with questions at 1.877.787.5424 or pgt@gov.sk.ca.
A person can apply by phone or fill out a referral form and submit it by email (pgt@gov.sk.ca) or regular mail:
Public Guardian and Trustee
Counsel for Children Program
100-1871 Smith Street
Regina, SK S4P 4W4
The Children's Counsel (the main lawyer in charge of the program) reviews the application and lets the applicant know whether counsel will be appointed. If the applicant disagrees with that decision, they can speak with the Public Guardian and Trustee or consider bringing and court application to have the decision reviewed.
