GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
to enact legislation for the benefit of Indigenous children, including First Nations, Inuit and Métis Nation children;
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
Whereas the Government of Canada is committed to working in cooperation and partnership with Indigenous peoples to support the dignity and well-being of Indigenous children and youth and their families and communities, as well as the achievement of their full potential, and to respecting, strengthening and building on the accomplishments of Indigenous peoples in this regard, to achieving reconciliation with First Nations, the Inuit and the Métis through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, cooperation and partnership, and to engaging with Indigenous peoples and provincial governments to support a comprehensive reform of child and family services that are provided in relation to Indigenous children;
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
to working in cooperation and partnership with Indigenous peoples to support the dignity and well-being of Indigenous children and youth and their families and communities, as well as the achievement of their full potential, and to respecting, strengthening and building on the accomplishments of Indigenous peoples in this regard,
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
to achieving reconciliation with First Nations, the Inuit and the Métis through renewed nation-to-nation, government-to-government and Inuit-Crown relationships based on recognition of rights, respect, cooperation and partnership, and
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
to engaging with Indigenous peoples and provincial governments to support a comprehensive reform of child and family services that are provided in relation to Indigenous children;
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
And whereas the Government of Canada acknowledges the ongoing call for funding for child and family services that is predictable, stable, sustainable, needs-based and consistent with the principle of substantive equality in order to secure long-term positive outcomes for Indigenous children, families and communities;
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
Now, therefore, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 1
Definitions 1 The following definitions apply in this Act. care provider means a person who has primary responsibility for providing the day-to-day care of an Indigenous child, other than the child’s parent, including in accordance with the customs or traditions of the Indigenous group, community or people to which the child belongs. ( fournisseur de soins ) child and family services means services to support children and families, including prevention services, early intervention services and child protection services. ( services à l’enfance et à la famille ) coordination agreement means an agreement referred to in subsection 20 (2). ( accord de coordination ) family includes a person whom a child considers to be a close relative or whom the Indigenous group, community or people to which the child belongs considers, in accordance with the customs, traditions or customary adoption practices of that Indigenous group, community or people, to be a close relative of the child. ( famille ) Indigenous , when used in respect of a person, also describes a First Nations person, an Inuk or a Métis person. ( autochtone ) Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 . ( corps dirigeant autochtone ) Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones ) Minister means the Minister of Indigenous Services. ( ministre ) 2019, c. 24, s. 1 2019, c. 29, s. 378
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
care provider means a person who has primary responsibility for providing the day-to-day care of an Indigenous child, other than the child’s parent, including in accordance with the customs or traditions of the Indigenous group, community or people to which the child belongs. ( fournisseur de soins )
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
child and family services means services to support children and families, including prevention services, early intervention services and child protection services. ( services à l’enfance et à la famille )
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
coordination agreement means an agreement referred to in subsection 20 (2). ( accord de coordination )
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
family includes a person whom a child considers to be a close relative or whom the Indigenous group, community or people to which the child belongs considers, in accordance with the customs, traditions or customary adoption practices of that Indigenous group, community or people, to be a close relative of the child. ( famille )
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
Indigenous , when used in respect of a person, also describes a First Nations person, an Inuk or a Métis person. ( autochtone )
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
Indigenous governing body means a council, government or other entity that is authorized to act on behalf of an Indigenous group, community or people that holds rights recognized and affirmed by section 35 of the Constitution Act, 1982 . ( corps dirigeant autochtone )
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982 . ( peuples autochtones )
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73
Minister means the Minister of Indigenous Services. ( ministre )
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Conflict — existing agreement 3 If there is a conflict or inconsistency between a provision that is in an agreement — including a treaty or a self-government agreement — that contains provisions respecting child and family services, concluded before the day on which subsection 18 (1) comes into force, between an Indigenous group, community or people and Her Majesty in right of Canada or of a province and a provision of this Act or the regulations, the provision that is in the agreement prevails to the extent of the conflict or inconsistency.
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Minimum standards 4 For greater certainty, nothing in this Act affects the application of a provision of a provincial Act or regulation to the extent that the provision does not conflict with, or is not inconsistent with, the provisions of this Act.
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 5
Nunavut Act 5 Subject to section 4 , nothing in this Act affects the Legislature for Nunavut’s legislative powers referred to in section 23 of the Nunavut Act .
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Binding on Her Majesty 7 This Act is binding on Her Majesty in right of Canada or of a province.
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Purpose 8 The purpose of this Act is to (a) affirm the inherent right of self-government, which includes jurisdiction in relation to child and family services; (b) set out principles applicable, on a national level, to the provision of child and family services in relation to Indigenous children; and (c) contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples.
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Principle — best interests of child 9 (1) This Act is to be interpreted and administered in accordance with the principle of the best interests of the child. Principle — cultural continuity (2) This Act is to be interpreted and administered in accordance with the principle of cultural continuity as reflected in the following concepts: (a) cultural continuity is essential to the well-being of a child, a family and an Indigenous group, community or people; (b) the transmission of the languages, cultures, practices, customs, traditions, ceremonies and knowledge of Indigenous peoples is integral to cultural continuity; (c) a child’s best interests are often promoted when the child resides with members of his or her family and the culture of the Indigenous group, community or people to which he or she belongs is respected; (d) child and family services provided in relation to an Indigenous child are to be provided in a manner that does not contribute to the assimilation of the Indigenous group, community or people to which the child belongs or to the destruction of the culture of that Indigenous group, community or people; and (e) the characteristics and challenges of the region in which a child, a family or an Indigenous group, community or people is located are to be considered. Principle — substantive equality (3) This Act is to be interpreted and administered in accordance with the principle of substantive equality as reflected in the following concepts: (a) the rights and distinct needs of a child with a disability are to be considered in order to promote the child’s participation, to the same extent as other children, in the activities of his or her family or the Indigenous group, community or people to which he or she belongs; (b) a child must be able to exercise his or her rights under this Act, including the right to have his or her views and preferences considered in decisions that affect him or her, and he or she must be able to do so without discrimination, including discrimination based on sex or gender identity or expression; (c) a child’s family member must be able to exercise his or her rights under this Act, including the right to have his or her views and preferences considered in decisions that affect him or her, and he or she must be able to do so without discrimination, including discrimination based on sex or gender identity or expression; (d) the Indigenous governing body acting on behalf of the Indigenous group, community or people to which a child belongs must be able to exercise without discrimination the rights of the Indigenous group, community or people under this Act, including the right to have the views and preferences of the Indigenous group, community or people considered in decisions that affect that Indigenous group, community or people; and (e) in order to promote substantive equality between Indigenous children and other children, a jurisdictional dispute must not result in a gap in the child and family services that are provided in relation to Indigenous children.
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Best interests of Indigenous child 10 (1) The best interests of the child must be a primary consideration in the making of decisions or the taking of actions in the context of the provision of child and family services in relation to an Indigenous child and, in the case of decisions or actions related to child apprehension, the best interests of the child must be the paramount consideration. Primary consideration (2) When the factors referred to in subsection (3) are being considered, primary consideration must be given to the child’s physical, emotional and psychological safety, security and well-being, as well as to the importance, for that child, of having an ongoing relationship with his or her family and with the Indigenous group, community or people to which he or she belongs and of preserving the child’s connections to his or her culture. Factors to be considered (3) To determine the best interests of an Indigenous child, all factors related to the circumstances of the child must be considered, including (a) the child’s cultural, linguistic, religious and spiritual upbringing and heritage; (b) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability; (c) the nature and strength of the child’s relationship with his or her parent, the care provider and any member of his or her family who plays an important role in his or her life; (d) the importance to the child of preserving the child’s cultural identity and connections to the language and territory of the Indigenous group, community or people to which the child belongs; (e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained; (f) any plans for the child’s care, including care in accordance with the customs or traditions of the Indigenous group, community or people to which the child belongs; (g) any family violence and its impact on the child, including whether the child is directly or indirectly exposed to the family violence as well as the physical, emotional and psychological harm or risk of harm to the child; and (h) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child. Consistency (4) Subsections (1) to (3) are to be construed in relation to an Indigenous child, to the extent that it is possible to do so, in a manner that is consistent with a provision of a law of the Indigenous group, community or people to which the child belongs.
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Effect of services 11 Child and family services provided in relation to an Indigenous child are to be provided in a manner that (a) takes into account the child’s needs, including with respect to his or her physical, emotional and psychological safety, security and well-being; (b) takes into account the child’s culture; (c) allows the child to know his or her family origins; and (d) promotes substantive equality between the child and other children.
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Notice 12 (1) In the context of providing child and family services in relation to an Indigenous child, to the extent that doing so is consistent with the best interests of the child, before taking any significant measure in relation to the child, the service provider must provide notice of the measure to the child’s parent and the care provider, as well as to the Indigenous governing body that acts on behalf of the Indigenous group, community or people to which the child belongs and that has informed the service provider that they are acting on behalf of that Indigenous group, community or people. Personal information (2) The service provider must ensure that the notice provided to an Indigenous governing body under subsection (1) does not contain personal information about the child, a member of the child’s family or the care provider, other than information that is necessary to explain the proposed significant measure or that is required by the Indigenous governing body’s coordination agreement.
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Representations and party status 13 In the context of a civil proceeding in respect of the provision of child and family services in relation to an Indigenous child, (a) the child’s parent and the care provider have the right to make representations and to have party status; and (b) the Indigenous governing body acting on behalf of the Indigenous group, community or people to which the child belongs has the right to make representations.
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Priority to preventive care 14 (1) In the context of providing child and family services in relation to an Indigenous child, to the extent that providing a service that promotes preventive care to support the child’s family is consistent with the best interests of the child, the provision of that service is to be given priority over other services. Prenatal care (2) To the extent that providing a prenatal service that promotes preventive care is consistent with what will likely be in the best interests of an Indigenous child after he or she is born, the provision of that service is to be given priority over other services in order to prevent the apprehension of the child at the time of the child’s birth.
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Socio-economic conditions 15 In the context of providing child and family services in relation to an Indigenous child, to the extent that it is consistent with the best interests of the child, the child must not be apprehended solely on the basis of his or her socio-economic conditions, including poverty, lack of adequate housing or infrastructure or the state of health of his or her parent or the care provider.
An Act respecting First Nations, Inuit and Métis children, youth and families — F-11.73 15.1
Reasonable efforts 15.1 In the context of providing child and family services in relation to an Indigenous child, unless immediate apprehension is consistent with the best interests of the child, before apprehending a child who resides with one of the child’s parents or another adult member of the child’s family, the service provider must demonstrate that he or she made reasonable efforts to have the child continue to reside with that person.
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Priority 16 (1) The placement of an Indigenous child in the context of providing child and family services in relation to the child, to the extent that it is consistent with the best interests of the child, is to occur in the following order of priority: (a) with one of the child’s parents; (b) with another adult member of the child’s family; (c) with an adult who belongs to the same Indigenous group, community or people as the child; (d) with an adult who belongs to an Indigenous group, community or people other than the one to which the child belongs; or (e) with any other adult. Placement with or near other children (2) When the order of priority set out in subsection (1) is being applied, the possibility of placing the child with or near children who have the same parent as the child, or who are otherwise members of the child’s family, must be considered in the determination of whether a placement would be consistent with the best interests of the child. Customs and traditions (2.1) The placement of a child under subsection (1) must take into account the customs and traditions of Indigenous peoples such as with regards to customary adoption. Family unity (3) In the context of providing child and family services in relation to an Indigenous child, there must be a reassessment, conducted on a ongoing basis, of whether it would be appropriate to place the child with (a) a person referred to in paragraph (1)(a), if the child does not reside with such a person; or (b) a person referred to in paragraph (1)(b), if the child does not reside with such a person and unless the child resides with a person referred to in paragraph (1)(a).
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Attachment and emotional ties 17 In the context of providing child and family services in relation to an Indigenous child, if the child is not placed with a member of his or her family in accordance with paragraph 16 (1)(a) or (b), to the extent that doing so is consistent with the best interests of the child, the child’s attachment and emotional ties to each such member of his or her family are to be promoted.
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Affirmation 18 (1) The inherent right of self-government recognized and affirmed by section 35 of the Constitution Act, 1982 includes jurisdiction in relation to child and family services, including legislative authority in relation to those services and authority to administer and enforce laws made under that legislative authority. Dispute resolution mechanisms (2) For greater certainty and for the purposes of subsection (1), the authority to administer and enforce laws includes the authority to provide for dispute resolution mechanisms.
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Application of Canadian Charter of Rights and Freedoms 19 The Canadian Charter of Rights and Freedoms applies to an Indigenous governing body in the exercise of jurisdiction in relation to child and family services on behalf of an Indigenous group, community or people.