Questions on Implementing C-92?

This blog was updated in January 2020. The OKT slides linked below have been replaced with an updated version

The new Federal Child Welfare Law comes into effect January 1st. It applies to all Indigenous children across Canada. 

The full name of the law is An Act respecting First Nations, Inuit and Metis children, youth and families, SC 2019, c 24. Many are still calling it “C-92” instead of saying that mouthful, as it was Bill C-92 before it was passed in June.

The coming into force date was announced on the eve of the federal election. Federal activity on it went quiet in the election blackout period. This has left quite a bit of confusion, and the lack of implementation planning on the federal government’s part has been roundly criticized (fairly, in my view). And the Act itself is far from perfect.

But that doesn’t mean C-92 won’t still be helpful for Indigenous families, and for many Indigenous governments too. 

Given the short time frame to prepare, we’ve decided to post some additional resources to help you get more familiar with C-92, and get prepared. Whether you’re reading this as part of a First Nation, an agency, a province, a court, or as a family member trying to navigate the system, hopefully these resources will provide a starting point:

• Earlier, we posted this blog that provides an overview of the legislation, a roadmap if you will.  
• We have new slides (updated January 2020) with a more detailed summary and practical tips. If you downloaded a previous version, please note that there was a version error and we encourage you to check out this updated version. The current version really does have concrete suggestions on how to prepare for First Nations / Indigenous governments, for agency directors, for Indigenous agencies specifically, for social workers, for agency board members, and for judges. We promise!
• Need assurance that C-92 applies in provincial courts? Prof. Naiomi Metallic has written that up for you, as part of the Wahkotowin Law & Governance Lodge.
• The Yellowhead Institute has a fact-sheet with 21 implementation strategies to consider. These provide some interesting ideas, especially for Indigenous communities.

As always, this blog and the links posted provide general information but not legal advice. They represent our own personal views, not those of our clients. If you have further questions or would like advice specific to your situation, please get in touch.