Through An Act respecting First Nations, Inuit and Métis children, youth and families, a piece of federal legislation that is commonly referred to as Bill C-92, Indigenous governing bodies may request to enter into a Coordination Agreement in relation to child and family services with the Minister of Indigenous Services Canada (ISC) and the government of each province in which the Indigenous group, community or people is located. Coordination Agreements enable Indigenous governing bodies to coordinate with Canada and the province when exercising their inherent jurisdiction over their children and families.
An Act respecting First Nations, Inuit and Métis children, youth and families affirms that the inherent right of self-government includes jurisdiction in relation to child and family services, sets out national principles that apply when providing child and family services to Indigenous children, and contributes to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). A law of an Indigenous group, community or people that meets certain requirements in An Act respecting First Nations, Inuit and Métis children, youth and families will prevail over conflicting federal and provincial legislation as set out in the Act.
We can assist with negotiating and drafting Coordination Agreements and with drafting child and family services laws whether the Indigenous governing body has implemented its jurisdiction under Bill C-92 or under a self-government agreement.
Our work includes:
- negotiating, drafting, implementing and advising on Coordination Agreements under An Act Respecting First Nations, Inuit and Métis Children, Youth and Families
- drafting, implementing, and advising on child and family services laws under An Act Respecting First Nations, Inuit and Métis Children, Youth and Families
If you would like to talk to a lawyer practicing in this area, please contact: