Bill C-92’s Indigenous child welfare act risks continuing the status quo | rabble.ca
Bill C-92, An Act Respecting First Nations, Inuit and Métis Children,
Youth and Families, has been heralded as a “historic turning point,” an
“important first step,” a “major milestone” along with other similarly
over-used and under-impressive political phrases to describe yet another
top-down initiative from the federal government. While the Assembly of
First Nations National Chief Perry Bellegarde (AFN) claimed that this
legislation was “co-drafted” by the AFN and the federal government, that
was not the case. In fact, Dr. Cindy Blackstock confirmed that First
Nations did not co-draft the legislation and First Nations were not even
permitted to see the second draft before it was tabled. This should be
no surprise as Justice Canada does not co-draft legislation with anyone
other than the French and English legislative drafters at Justice Canada
– this is their long-standing practice. Bill C-92 content is glaring
evidence that First Nation experts in child welfare did not hold the pen
on this bill.There are many problems with this bill, but the main problem is it
does not deliver any of what was promised by the federal government.
Prime Minister Trudeau’s Liberal government promised to address the
“humanitarian crisis” through federal legislation that fully recognized
First Nation jurisdiction in relation to child welfare; that would
provide statutory funding; and would eliminate the over-representation
of First Nation children in care. If this bill is not substantially
amended before it is passed, it will not accomplish any of those
important goals. Ultimately, it will be our children and our families on
the ground – in our communities – that will pay the biggest price.
The fact that the AFN is promoting this bill so strenuously, without
regard for the numerous and serious concerns raised by First Nation
leaders, lawyers, academics and child welfare experts, shows how
disconnected they are to the crisis at hand.