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BC passes historic legislation to give Indigenous people control over their child welfare services

BC has become the first jurisdiction in Canada to recognize and uphold the inherent right for Indigenous nations to provide their own child and family services.

On Friday, BC’s Ministry of Children and Family Development announced that the Indigenous Self-Government in Child and Family Services Amendment Act was passed.

The legislation passed about a month after the province announced it was proposing the changes that would give Indigenous people full control over their own child and family services.

“The legislative amendments remove barriers and gaps within provincial legislation, enabling the Province and Indigenous Peoples to collaborate and ensure Indigenous Peoples can govern and provide services based on their own child and family laws,” says a statement from the province.

The new act is meant to address the overrepresentation of Indigenous children in provincial care.

<who> Photo Credit: BC Government </who> Mitzi Dean, minister of children and family development, announces the proposed amendments in October 2022.

When the amendments were first announced on Oct. 26, the Ministry of Children and Family Development says Indigenous children comprise 10% of the general population but represent nearly 70% of the children in provincial care.

These amendments have created a new Indigenous child welfare director position within the ministry which will provide advice and guidance in relation to child-welfare services while working to provide a better outcome for children and families.

Additionally, four Indigenous governing bodies, including the Cowichan Tribes, Gwa’sala-‘Nakwaxda’xw Nations, Splatsin First Nation and Sts’ailes First Nation, are engaging in discussion with the provincial and federal governments.

The statement adds that more First Nations are also preparing to begin the process of exercising their jurisdiction.

“The colonial era of the Province controlling child welfare must come to an end,” said Grand Chief Stewart Phillip, Union of BC Indian Chiefs, when the amendments were proposed last month.

“This legislation holds the promise of finally affirming the inherent rights of First Nations to ensure our children are with their families, communities and people. It brings me incredible joy to think about this change in my lifetime, and for my grandchildren and great grandchildren.



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