Child Welfare s.226 Review

The Child and Family Services Act (CFSA) require the MinisterChildren and Youth Services to review the Act and publicly report the results of the review every five years.the last review, a new provision was included (Sect 226) that requires the Ministry to seek input from First Nations Leadership, Aboriginal Organizations and Children’s Aid Societies on scheduled reviews of the CFSA.Section. 226 requires Child Welfare agencies “when providing services to a person who is an Indian or native persons or in respect of children who are Indian or native persons, with a view to ensuring compliance by societies (agencies) with those provisions.”

Once MYCS announced the review in December 2009, discussions and coordination were underway with GCT3 and the two Anishinaabe Child Care Agencies, Weechi-it-te-win Family Services and Anishinaabe Abinoojii Family Services to ensure that the scope of the project was covered by all parties and minimal duplication and overlap occurred. In February 2010, GCT3 received formal confirmation of funding from MCYS and the project was brought to the Treaty #3 Chiefs Committee on Social Sustainability for direction and guidance to completing the project as per the GCT3 Engagement Strategy. Next, consultations were completed with the Chiefs of the First Nation communities of Grand Council Treaty #3. Interviews were conducted with seven questions of the service and service delivery to First Nation children and families.

A preliminary report of findings was brought back to the Chiefs Committee for discussion and direction. Also invited attendees to the Chiefs meeting were the representatives from WFS and AAFS who provided an overview of their respective completed reports.

It was strongly and consistently identified that the compliancy of the Child and Family Services Act for non-Native CAS’s were not met and those services provided by the Native CAS excelled. These disparities exist even though there are historic inadequacies of lack of funding to the Native Child Welfare Agencies, which provide the Service in a manner that is consistently considered positive by the Community. Finally, the support of the federal and provincial leadership is required to continue to improve the care and service to the communities, families and children of Treaty #3.

Treaty#3 Women’s Council

On March 5, 2010, the Grand Council Treaty#3 Women’s Council and staff attended the Greenwood Inn in Winnipeg for a Strategic Planning Session facilitated by Diane Redsky. Sasakwe-Gagido-Ikweg (Giving Life to our Voice ) was a two year plan to assist the women in moving forward. Members of the Women’s Council are: Ogichidaakwe Diane M. Kelly, Joanne Petiquan-Moore, Karen Kejick, Darlene Paypompee and Judy Morrison.

Gender Equity in Indian Registry Act

In April 2009 the Court of Appeal for British Columbia ruled in the case of McIvor v. Canada that the Indian Act discriminates between men and women with respect to registration as an Indian and violates the equality provisions in the Canadian Charter of Rights and Freedoms. In its ruling, the Court gave Parliament one year to amend the provisions of the Indian Act that were found to be unconstitutional.

In order to comply with the Court of Appeal’s decision, the Government of Canada has moved forward with legislative amendments to certain registration provisions of the Indian Act.

The proposed amendments to the Indian Act will only extend registration to eligible grandchildren of women who lost status as a result of their marriage to a non-Indian man before April 17, 1985.

First Nations Citizens in 60s scoop Litigation

In Toronto April 26-29, 2010 the case launched by Marcia Brown (Martel) and Robert Commanda is being heard by a Judge of the Ontario Superior Court of Justice. The purpose of those hearings is for the Judge to hear arguments presented by both plaintiffs to have this case proceed as a class action. If the Court rules in their favour, then they may be “representative plaintiffs” representing a large number of persons all of whom had a common experience and seek the same judicial remedy.

Anishinaabe Family Services and Weechi-it-te-win Family Services and Treaty #3 shared in the cost of a bus to allow individuals to hear the case in Toronto.
Many First Nations families and communities have lost children as a result of the Sixties Scoop, many of whom never came home. The Ontario Chiefs in Assembly passed a resolution in November 2008 in support of holding government accountable for the 60s Scoop.

Band By-Law Project Initiative

The objective of the initiative was to develop common First Nation band by-laws and rebuild Treaty#3 First Nations law-making capacities. A Band or First Nation By-Law is a local law passed by Chief and Council and is only applicable on-reserve.

In an effort to collect the existing by-laws in the Treaty#3 First Nations, outreach to the communities began with a written request to all Treaty#3 Chiefs of all existing by-laws. Follow-up calls were made thereafter to each community. Where initial contact was unsuccessful or where communities did not respond a community visit was arranged.

Out of twenty one communities where the project was able to make contact eleven confirmed that they had by-laws and ten did not. Two communities identified that they did not wish to participate. By-laws received to date can be categorized in the area of health, traffic, law and order, zoning, intoxicants and trespassing.

A proposal submission has been made to carry on the work for the 2010-2011 fiscal year which would provide an opportunity for communities to work with the elders, Treaty#3 police and justice officials in reviewing the draft template by-laws and developing a strategy for implementation. One of the key frustrations identified by communities has been the issue of enforcement and prosecution of band by-laws.

Disabilities Meeting

On March 15, 2010 Grand Council Treaty#3 hosted an initial meeting for disabilities. The purpose of the meeting was identify issues that required the advocacy of leadership and information to be brought to Assembly. Individuals affected by a disability face many challenges in their day to day living. Some of the key issues identified were the need for improved transportation services, need for improved support/respite services, accessibility in their home and their community, and barriers to employment.

There are future meetings required to begin to propose solutions for the identified issues and begin to prepare a lobby kit for the Chiefs. One of the key tasks at the office is to begin to collect information which is Treaty#3 specific to ensure an effective lobby.

Commission to Promote Sustainable Child Welfare

In June 2009, the Ministry of Children and Youth Services announced the creation of a Commission to Promote Sustainable Child Welfare. The Commission has retained Ms. Ene Underwood, Mr. Barry Lewis and Dr. Wendy Thomson to carry out the Commission’s mandate. The Commission has the capacity to explore a variety of strategies, including the establishment of performance measures and targets, changes to Ministry and CAS business processes, effective accountability structures between the Ministry and CASs, policy changes, supporting consolidation planning, and issues on other parts of the children’s system. Given the wide reaching mandate and authority of the Commission, Ogichidaakwe Diane M. Kelly and the respective child welfare agencies in Treaty#3 advised the Commission on the proper protocols to consult Treaty#3 leadership and the agencies prior to engaging in their work in the Treaty #3 territory.