What are Child Protection Laws?

Child protection laws try to make sure that children are safe and are not mistreated. They are sometimes called child welfare laws. There are many laws that do this including criminal laws ( it is a criminal offence to fail to provide the necessaries of life to a child in your care) and laws that limit certain activities by age (you cannot drink alcohol until you are 19). 

When we use the term "child protection", we are usually talking about the laws that specifically talk about when a child may be at risk and "in need of protection" and what a government or community can and must do about it to try to keep that child safe. Provincial, federal and laws made by an Indigenous governing body all do this. 

Our information explains provincial and federal child protection laws because those laws apply to most Indigenous families in Saskatchewan, whether living on reserve or not. This may change has a greater number of Indigenous communities exercise authority in this area. See also Does My Community Have Jurisdiction Over Child and Family Services.

The Child and Family Services Act ("CFSA") and the Child and Family services Regulations say: 

• when a child in Saskatchewan (a person under 18 years of age) is "in need of protection"
• how decisions should be made when providing services to that child and their family
• when a child might need to be removed from their home and placed in the care of another person. 

This law also provides rights to people in a child's life, such as their parent or guardian, to be involved in decisions made about them and to be able to disagree with those decisions made or actions taken. Finally, the law lists special considerations and requirements when an Indigenous child is involved and requires that notice be given to a child's Indigenous community in certain circumstances.

In 2020, the Parliament of Canada passed a law called An Act respecting First Nations, Inuit and Métis children, youth and families. The FNIM Act, in addition to providing a way for Indigenous communities to exercise legislative authority in the area of child welfare, also:

• sets minimum standards and requirements that must be met and followed in every child protection situation involving an Indigenous child anywhere in Canada
• gives Indigenous governing bodies the right to receive notice about child protection actions taken with respect to its citizens or members and the right to make representations in any court proceeding

You can read the entire FNIM Act here.

When child protection cases come before them, judges apply and interpret the laws that apply to the case. Their decisions (unless they are reversed by a higher level of court) form a part of the law going forward.

The FNIM Act sets national standards but also provides a way for Indigenous governing bodies to make laws that have priority over provincial laws and most federal laws in the case of any conflict and to enter into agreements with the federal and provincial governments to ensure they are able to provide the same level of services available to non-Indigenous children and families.

We cover this in more detail under Does My Community Have Jurisdiction Over Child and Family Services?

Laws made by an Indigenous community in this area may also come in the form of a First Nation bylaw (this is not common) or they may form part of a self-government agreement or Treaty.

Finally, as we note in our Introduction, Indigenous communities have always made their own laws about family care and responsibility. Indigenous law exists independently of Canadian law and does not require Canadian law for its existence. When we talk here about laws made by an Indigenous governing body we are referring to laws recognized and incorporated into Canadian law.