How are we working together?
Agreements enabled under legislation are initiated by First Nations and Indigenous governing bodies and carried out in a manner, frequency and timeline that reflects their needs.
These agreements may be between the Province and a Nation (bilateral), and between a Nation, the Province and Canada (trilateral). The scope of these agreements (e.g., prevention and/or protection services, requirements for funding, communities and children and families served) are determined by the relevant First Nations and Indigenous governing bodies. The Ministry of Children and Family Development continues to engage with Indigenous Services Canada and Indigenous governing bodies at coordination tables. Additionally, the ministry continues to negotiate community agreements under section 92.1 of the Child, Family and Community Service Act to support information sharing, consultation and co-operation with First Nations, Treaty First Nations and Indigenous communities.
First Nations, Métis and Inuit long advocated for the creation of an Indigenous Child Welfare Director position within the ministry. In September 2024, the Province responded by appointing Jeremy Y’in Neduklhchulh Williams as the province’s first Indigenous Child Welfare Director. This role will provide leadership and advice for services to First Nations, Métis and Inuit families receiving services delivered under the Child, Family and Community Service Act, and directly support the implementation of Indigenous jurisdiction over child and family services.
The Indigenous Child Welfare Director’s role and responsibilities will continue to evolve over time through collaboration with Indigenous Peoples and federal and provincial partners.
Are there challenges?
A wide range of agreements made possible by legislation exist to support First Nations, Modern Treaty Nations and Indigenous communities regarding child and family services. These include Child, Family and Community Service Act section 92.1 agreements, enabling agreements, amending agreements, coordination agreements, and treaties. The number of negotiations required to achieve these agreements is expected to increase significantly over time.
Jurisdiction over Indigenous child and family services has been recognized as a Constitution Act, 1982, section 35 right of Indigenous Peoples, and by the Province in section 4.1 of the Child, Family and Community Service Act. However, it is not clear at this time which precise section 35 rights may or may not be held by Métis Nation BC, including child and family services in B.C.
Additionally, the ministry is waiting for the outcome of a related judicial review on a federal government decision which does not recognize Métis Nation BC as an Indigenous governing body in B.C. This has created a challenge to determine which agreements can apply to Métis Nation BC. Ministry leadership has engaged with Métis Nation BC on these legal complexities.
Providing child and family services to Indigenous Peoples in B.C. is increasingly complex and will require examining current resources, and potential new processes and structures, to make sure child welfare services are delivered in a coordinated and seamless way.
Temporary staffing is now in place across all ministry divisions to respond to the strong interest in child and family service agreements. Actions are being taken to retain experienced and knowledgeable staff and to increase staffing further to meet the anticipated demand.
Highlights
The ministry has signed five coordination agreements, seven Child, Family and Community Service Act section 92.1 community agreements and 117 information-sharing agreements. The ministry is in the process of negotiating five additional coordination agreements and an additional three Child, Family and Community Service Act section 92.1 community agreements.
Métis Nation BC and the Province have established a bilateral process to work through various challenges and improve the level of support provided to Métis children and families involved in the child welfare system.