What Does "Best Interests of an Indigenous Child" Mean?

Whenever decisions are made about a child who may be in need of protection, those decisions must consider what is in the "best interests of the child". The law says that the best interests of an Indigenous child are the first consideration in all cases and the most important consideration, especially in cases where a child is removed from their home. It also says that certain factors are more important than others. The most important factors are:

• a child's safety, security and well-being (physical, emotional and psychological)
• the importance of the child having an ongoing relationship with his or her family and Indigenous community
• preserving the child's connection to their culture

Other factors include:

• the type of relationship the child has with a parent, extended family member, care provider or other person with a close connection to the child, and how strong that relationship is
• the mental, emotional, physical and education needs of the child and the need for stability
• the views of the child, depending on the child's age and maturity
• the child's cultural, language, religious and spiritual heritage and upbringing
• plans for the child's care, including the home environment and plans to provide care in accordance with the customs and traditions of the Indigenous community to which the child belongs
• the importance to the child of preserving their cultural identity and connections to their Indigenous language and territory as well as the importance of the child belonging to their Indigenous community
• the importance of continuity and stability
• the effect of delay
• the importance of involving the child's Indigenous community in planning with respect to child and family services
• the benefits and risks of a plan by the Ministry or FNCFS Agency to care for the child versus the benefits and risks of the child returning to or remaining with their family
• the importance of placing a child who is removed from their family with extended family or community
• the ability of someone other than a parent to maintain family and Indigenous community connections
• family violence and its impact on a child
• any court proceedings, conditions or measures relevant to the safety of a child

Judges in Saskatchewan have also said that there are other factors that can be considered and that these lists don't contain every single factor.