Rights of Indigenous Peoples
Indian Act
Know Your Rights
Criminal Law
Child Protection
Fair Decision Making
Once a court date for a protection hearing has been set, different groups of people have to receive notice of the hearing.
Notice
Parents must receive a "Notice of Hearing" listing:
- the date, time and location of the hearing
- why the child is in need of protection
- what type and length of court order the Ministry or Agency is asking for
This notice must be provided three days before the hearing, not including the day of the hearing and the day the notice is received.
Other people or groups who have to receive notice are:
- Care Providers - those people who have primary responsibility for the day-to-day care of a child other than a parent
- any applicable FNCFS Agency or First Nation
- any applicable Indigenous governing body not already included
Parties
Parents, care providers and FNCFS Agencies or First Nations are all considered "parties" at the hearing. This means they can speak in court, call evidence (witnesses) and cross-examine (ask questions to) other witnesses. Other IGBs can make representations (speak in court) but are not full parties. Courts in other provinces have said that the right of an Indigenous governing body to make representations must be meaningful and substantive.
Lawyers
All of the people who get notice of a hearing can have a lawyer represent them at that hearing. It is very important for parents to have a lawyer. A lawyer can guide you through the process, speak on your behalf and make sure the Ministry or FNCFS Agency is doing what they should. As soon as you are able to confirm that you have a lawyer, through Legal Aid or otherwise, you should let the Ministry or FNCFS Agency know so that the necessary documents can be sent to your lawyer.
In some cases, the Counsel for Children program may appoint a lawyer for the child involved. The appointed lawyer ensures a child's voice is heard. The Counsel for Children program can be accessed by court order or by referral from someone who knows the child. See Does My Child Get a Say About What Happens.
Person of Sufficient Interest ("PSI")
Members of a child's extended family, the Chief of a First Nation the child belongs to or any other person who has a close connection to the child can ask the court to be designated as a "person of sufficient interest" ("PSI"). Once someone is found to be a PSI, they can participate in the protection hearing and can also ask to have the child placed with them.
If a PSI is asking the court to have the child placed with them, the court will usually request a home study. The home study is usually completed by a case worker. It includes an assessment of the home environment, as well as things like criminal record and reference checks.
