Introduction

Indigenous communities have also always maintained their right to have control over child protection and child welfare services for their communities. When provincial law began to apply on reserves after changes to the Indian Act, First Nations advocated for greater control and participation. This led to changes to the law and to the creation of First Nations Child and Family Services Agencies to provide child and family services to First Nations children and families living on reserve. FNCFS Agencies apply provincial and federal laws and policies on reserve through agreements with the provincial government. They may also support community members not living on reserve. FNCFS Agencies focus on prevention, early intervention, cultural continuity and community support. If you live on reserve or are a member or citizen of a First Nation, you can always ask to speak to someone from an FNCFS Agency.

There are also new laws being created and new pathways to Indigenous laws being recognized under Canadian law. As we discuss under Does My Community Have Jurisdiction Over Child and Family Services, the federal act, An Act respecting First Nations, Inuit and Métis children, youth and families, empowers Indigenous governing bodies to make laws that have the same force as federal law. 

Canadian law has had a devastating impact on Indigenous communities in the past. Both residential schools and the sixties scoop took control away from Indigenous communities and separated children from family, culture, language and identity. Although Canadian law now gives priority to maintaining family and community connections, Indigenous children continue to be dramatically over-represented in the child protection system. The Saskatchewan government reports that 85% of children placed with a Person of Sufficient Interest are Indigenous while 80% of child placed in care (voluntary agreement, apprehension, permanent care of Minister) are Indigenous.

It is important for parents to understand child protection laws and processes so that they know what to expect and can advocate for themselves and their child within the process. Of course, if a community is exercising jurisdiction in this area under An Act respecting First Nation, Inuit and Métis children, youth and families or under a self-government Treaty, then that law must be understood and applied. Finally, nothing in this section is intended to take away from the importance of parents understanding other Indigenous laws in their community in this area.