A Year In Review ' An Act Respecting First Nation, Inuit And Metis Children, Youth And Families

• Published date: 31 December 2020
• Subject Matter: Government, Public Sector, Indigenous Peoples
• Law Firm: McKercher LLP
• Author: Mr Connor M. Clyde

In the previous article on the Act respecting First Nations, Inuit and Métis children, youth and families ("Bill C-92") the formation, foundations, and overall structure of Bill C-92 was discussed as it related to the legal aspects of child and family services in Canada. Stated briefly, the Bill C-92's key driver was to provide protections for Indigenous children and families and establish a pathway for Indigenous groups and communities to be able to administer their own child welfare and family services in Canada. Given that Bill C-92 came into force on January 1, 2020 it is now nearing its first anniversary as active legislation.

This new legislation has had its fair share of positive and negative attention as those involved work to interpret the legislation, understand its implications, and negotiate its implementation. Different populations can now have different legislations in force. Indigenous groups now have federal legislation and, at this point, may or may not have their own unique legislation. While not purposefully vague, the federal legislation is steeped in principles and safeguards which can leave room for interpretation and ultimately the need for legal clarity.

To date, the year 2020 saw some notable events in relation to Bill C-92:

• The province of Quebec challenged Bill C-92 constitutionality in an effort to weigh provincial and federal jurisdiction in matters pertaining to child welfare and social services.

• The first Indigenous groups moved forward with drafting and adopting their own child welfare and family service legislation.

• There was a broad range of reactions to Bill C-92 by many Indigenous groups, leaders and critics outlining its deficiencies shortcomings and overall tone of the legislation. Even though many supported the principle of the legislation, many were also concerned about the details of the implementation.

• In July the federal government and the Assembly of First Nations signed an agreement regarding the funding of provisions of Bill C-92. It established a "joint fiscal table" on First Nations child and family services where funding agreements can be negotiated between the parties.

• 2020 also saw the first interpretation by the courts of Bill C-92 (discussed below)

Developing precedents through case law over time will provide interpretation and clarify ambiguities in Bill C-92. Discussed below are just some of the cases in 2020 that involved interpretations of Bill C-92.

Michif CFS v. C.L.H. and W.J.B., 2020...