•Bill C-92: An Act respecting Indigenous, youth and families is the first Canadian federal legislation on this subject of Child and Family Services [CFS]. The Act is the first statute to recognize inherent Indigenous jurisdiction over CFS (S. 35) right in Canada. As called for in the TRC Final Report, the statute establishes national minimum standards for CFS delivery for all Indigenous children and families. This includes “status, ‘non-status” children, living on or off reserve.

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•Jurisdiction s. 8(a): What this law recognizes is that Indigenous peoples have the inherent right to jurisdiction (authority) over their own child and family services. 

Which means Indigenous groups may have their own legislation, that, where different, will prevail over provincial CFS legislation.

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Our services are consequently referred to as Indigenous Child-Family Services (ICFS)

•To be compliant with Bill C-92, Colonial CFS MUST demonstrate HOW and WHEN they provided notice to the child’s (ASMIN Governing body/Welfare Program), parent(s) and/or care providers as applicable,  or document with evidence WHY it was not safe or possible to do so.

In addition, to make the most of this process for the child:  All before any significant measure in relation to the child is made:' ss 12 & 13' which is affirmed by section 35 of the Constitution Act, 1982.

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•Each family needs to be informed of these rights and needs to be made known to schools, day-cares, healthcare facilities when dealing with the de-facto, colonial system (corporations in most cases).

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