Bill C-92 – Questions and Answers

A. The feds introduced Bill C-92 on February 28, 2019, and on January 1, 2020 it came into force.

It is An Act respecting First Nations, Inuit and Métis children, youth and families. It was developed with the goal of keeping Indigenous children and youth connected to their families, communities, and culture.

A. Having control over our own child welfare will ensure:

• The best interest of the child
• Our cultural knowledge is included
• Equality and fairness
• The presence of a child’s family will be considered as part of a child’s best interests.

A. Bill C-92 establishes national standards for Indigenous children in child welfare; and is a legal pathway for First Nations’ governing bodies to enact their own laws with respect to child and family welfare.

A. Indigenous communities have the freedom to develop laws and policies tailored to their unique circumstances and traditions. NCN already has the ability to create our own laws and can now set a pathway for our children in child welfare.

A. Chief and Council have started working on Nisichawayasihk Cree Nation’s child welfare laws. One of the first steps has been to secure federal funding for the project. Another step is to notify the Provincial and Federal Government that we intend to exercise our inherent right to self-determination around child welfare.

A. Once the funding is secured, NCN Chief and Council will need the input of the Nation to ensure that this legislation is unique to NCN. Input will likely involve community consultation. Leadership will establish a committee comprised of elders, former children in care, social workers, staff at the Wellness Centre, justice and health officials.

A. Bill C-92 is making courts apply new principles of what “the best interests of the child” means to new
child welfare matters. However, it is complicated, and more clarification is needed in situations where federal, provincial, and Indigenous laws could all apply to the same matter, at the same time. The focus will be to decide whose laws will apply, and how the situation be reconciled.

A. It is not yet clearly defined in Bill C-92 for all funding situations, financial, governance and other cultural supports, this means more is still to be done. Further work between First Nations organizations and governments is being done to put into force a set of new national standards.

A. Bill C-92 recognizes that one size does not fit all when it comes to Indigenous child and family service models across Canada. Communities have the freedom to develop laws and policies tailored to their unique circumstances and traditions.

A. The bill represents a step forward and Indigenous communities must develop their own laws in relation to their inherent jurisdiction, especially in the area of child welfare. While Bill-C92 represents a step in the right direction, and it can be a helpful tool, Canadian legislation can only take us so far. Indigenous Nations must begin developing our own laws in all areas of our Inherent-Jurisdiction.

For details about Bill C-92 go here:
https://www.sac-isc.gc.ca/eng/1568071056750/1568071121755

This information sheet is provided by Nisichawayasihk Cree Nation Chief and Council. If there are any discrepancies between this and the actual Bill C-92, the bill shall prevail.