Child and Family Services Jurisdiction

Officially titled An Act respecting First Nations, Inuit and Métis Children, Youth and Families (commonly C-92), this legislation is intended to keep Indigenous children and youth connected to their families, communities, and cultures. C-92 affirms Indigenous jurisdiction over child and family services by enabling Nations to enact their own laws and by permitting Coordination Agreements with Canada and provincial governments to support implementation and coordinate jurisdictional responsibilities.

C-92 establishes National Standards for Indigenous children receiving child welfare services and creates a clear pathway for Nations to enact their own laws and deliver Nation-led programs and services. Recognizing that one-size-fits-all approaches are inappropriate for First Nations, the Act affirms each community’s authority to design child welfare systems that reflect its unique culture, traditions, and circumstances.

Bill C-92 recognizes and affirms the inherent right of First Nations to develop and administer child welfare laws grounded in traditional knowledge, values, and caregiving practices. It establishes standards centered on the best interests of the child, cultural continuity, and substantive quality (equitable access to resources), so Indigenous children across Canada can obtain appropriate supports.

The National Standards section of the C-92 has four sections:

• Purpose and Principles
• Best interests of the Indigenous child
• Provision of Child and Family Services
• Placement of an Indigenous child

The Best Interests of the Child” is a legal test used to decide what would best protect your child’s physical, psychological, and emotional safety, security and well-being. To determine what is in the child’s best interests when making decisions about children, we must consider many factors including:

• The child’s holistic health and well-being (physical, emotional, mental, spiritual, psychological)
• The child’s views, unless it would be inappropriate to consider them
• The child’s cultural, ethnic, and religious or spiritual background
• The child’s relationships with parents, guardians, and other important people
• The history of care, and
• The impact of any family violence

Toquaht law would apply to all Toquaht children living in the province of BC regardless of where they live. If Toquaht wanted to also have jurisdiction across Canada, they could choose to enter into Coordination Agreements with other provinces as well. Jurisdiction does not apply to children living in other countries, however, Toquaht could potentially support those children in other ways.

Substantive equality is a legal principle focused on achieving real equality in outcomes, not just formal equality of treatment. It requires equal access and opportunity, and tailored services and benefits that address unique needs and circumstances. As both a process and an objective, substantive equality acknowledges historical and structural barriers and seeks to remove them so disadvantaged groups can achieve comparable results.

Cultural continuity is the ability to preserve and transmit the historical traditions of a culture into the future, and it is fundamental to cultural identity. Access to ancestral knowledge, language, and practices strengthens Indigenous identity and builds resilience in young people.

Research shows that a strong cultural identity protects mental health and reduces youth suicide. It also buffers against the harms of discrimination, racism, and negative stereotyping.

C-92 would give Toquaht Nation the authority to design our own child and family services tailored to our children’s needs. Toquaht would resume responsibility for our children, with a clear emphasis on placing children with immediate or extended family whenever safe and appropriate. A core goal will be developing culturally grounded, creative prevention strategies to reduce the need for removing children from their parents’ care. It would also mean enhanced support for Toquaht children and their families. Here is an informational video that explains C92: