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.
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.
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.
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.
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.
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:
Indigenous Services Canada:
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.