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Pathways to Indigenous Jurisdiction

Last updated on November 26, 2024

The Province of British Columbia’s legislation upholds the inherent rights of Indigenous Peoples to reclaim jurisdiction over their children, youth, and families. The Ministry of Children and Family Development is working in consultation and collaboration with Indigenous communities as they determine the pathways forward. 

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Indigenous Jurisdiction in B.C.

Jurisdiction means the authority to make decisions. The Constitution Act, 1982, which includes the Canadian Charter of Rights and Freedoms and other provisions, affirms that Indigenous People have an inherent right to self-govern, including jurisdiction over their children, youth, and families. 

The Province is actively taking steps towards building a better system of child and family services. The Province understands that Indigenous children and youth are best cared for by Indigenous Peoples in accordance with their own laws, traditions, customs, and practices. 

B.C. is working with the federal government and Indigenous communities as they choose different pathways to reclaim jurisdiction over child and family services in ways they decide work best for them. Individual Indigenous communities now have pathways to exercise child welfare jurisdiction and deliver child and family services under their Indigenous law. The Ministry of Children and Family Development is also co-developing a funding model framework with Indigenous partners and communities to support the exercise of Indigenous jurisdiction of child and family services.

“I feel a great sense of pride after a long journey with the Ministry of Children and Family Development to reach this agreement. I felt our ancestors guiding us in the creation of this new relationship that significantly changes practice and ensures our Nation’s support for the well-being of our members across British Columbia,” said Kúkpi7 (Chief) Shelly Loring of Simpcw First Nation, describing their new child welfare agreement, Tcwesétmentem: Walking Together Agreement, signed on April 12, 2022. 

Pathways to Jurisdiction

There are multiple pathways for Indigenous communities to choose from in the journey towards resuming jurisdiction over child and family services. These pathways include different types of agreements between the Province and Canada. Each agreement is unique and co-created with the Indigenous community. 

Getting Started

For Indigenous communities or groups interested in exploring pathways to jurisdiction, please reach out to the Partnership and Indigenous Engagement Division (PIED) in the Ministry of Children and Family Development. PIED staff value establishing relationships with Indigenous communities early in the path to jurisdiction and can arrange a meeting to discuss your vision and answer questions. 

List of Agreements

Indigenous communities that have agreements with MCFD are listed on the Repository of Agreements.

Note: At the request of the Indigenous Community, some document links are not publicly accessible.

Background

The Ministry of Children and Family Development is committed to making changes to the province's child and family services.  

Below are a few key milestones in the journey towards Indigenous Peoples resuming jurisdiction over child and family services in British Columbia: 

  • In 2018, Bill 26, amendments to the Child, Family and Community Service Act, passed in the legislature to enable the co-development of section 92.1 community agreements, which require Directors to consult and collaborate with Indigenous communities regarding child protection decisions. 
  • In 2019, Bill 41, the Declaration on the Rights of Indigenous Peoples Act, sets out a process to align B.C.’s laws with the UN Declaration. 
  • In 2020, Bill C-92, An Act Respecting First Nations, Inuit and Métis Children, Youth and Families became law. This federal Act, brought into force in January 2020, enabled Indigenous communities to draw their own laws respecting children and family services, as well as enabled coordination agreements between Indigenous Governing Bodies, provinces, and Canada. 
  • In 2021, the Minister of Children and Family Development sent a Letter of Commitment to the First Nations Leadership Council (FNLC), which commits the Ministry of Children and Family Development to actively engage and co-develop policy and legislation changes with the FNLC and with Indigenous rights holders.
  • In 2022, the Province passed Bill 38, The Indigenous Self-Government in Child and Family Services Amendment Act. This Act, along with the Bill C-92, upholds the inherent rights of Indigenous communities to provide their own child and family services. B.C. became the first province in Canada to recognize an inherent right of self-government specifically in provincial legislation. 
  • The passing of Bill 38 in 2022 also established a new Indigenous Child Welfare Director (ICWD) position in the Ministry of Children and Family Development, to provide guidance and leadership to the ministry in navigating a multi-jurisdictional child and family services model. After engagement with First Nations, Métis, and Inuit organizations and partners on key responsibilities of the newly created role, the hiring process is now complete and B.C.’s first Indigenous Child Welfare Director is selected. It is anticipated this Assistant Deputy Minister will begin their role in early Fall 2024.

This Work is Guided By

Related Links

Respecting Indigenous Human Rights
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Bill 41, the Declaration on the Rights of Indigenous Peoples Act, sets out a process to align B.C.’s laws with the UN Declaration. Find out more about B.C.'s historic declaration.