A new trilateral agreement will help open the way for a First Nation in the northwest to assert their own family law.
Kitchenuhmaykoosib Inninuwug First Nation leaders welcomed federal and provincial dignitaries to the community on Tuesday where they marked the signing of the Kitchenuhmaykoosib Inninuwug Dibenjikewin Onaakonikewin (KIDO) — which translates to the Kitchenuhmaykoosib Inninuwug Family Law.
“Officially this month we are taking over our child and family services," Chief Donny Morris said. "We are no longer under the government’s structure.”
The new law allows the community to assert their jurisdiction for child and family services. Kitchenuhmaykoosib Inninuwug is the second First Nation in Ontario, and seventh in Canada, to sign such a coordination agreement with provincial and federal governments.
Morris said having the community assert their jurisdiction will allow children to stay in the community, where they'll remain in touch with their culture and language.
“It gives us an opportunity,” Morris said. “We looked after our kids a long time ago. We have those skills. Let’s just go back to them. Let’s raise them the way with our language and our culture. Put those things back in them.”
The community will still be coordinating with Tikinagan Child and Family Services to deliver child and family support; however, the new framework will ensure that the support systems in place will revitalize traditional child-rearing practices that are grounded in traditional principles, customs, languages, and teachings.
“I envision Tikinagan to support us because we are just growing right now. There is a support system across Canada. I feel they will play a role in supporting our community,” explained Morris. “We are just starting with a skeleton crew, so we need time to grow.”
Samuel McKay, a band councillor in the community who was involved in negotiating the protocol and service agreements, said the community and Tikinagan will be “working hand in hand." The community-led services will then take control over intake investigation, prevention, family services, and child welfare. Tikinagan will still operate the group home located in the community and serious occurrence reports, which investigates child deaths while in care.
Work to establish a community-led child welfare and family law system date back to 2007, though negotiations with the federal government didn't start until 2019.
A community referendum to pass the community's child welfare and family law had an overwhelming 97 per cent support.
“The chiefs wanted their own agency to look after their children but the thing was, they had no law," McKay said. "So, they said they would continue to use the provincial child and welfare legislation until they could make our own law.”
The federal and provincial governments will play their part through a fiscal relationship agreement where Canada will provide $93.8 million over four years to support the service delivery model. The province is still in negotiations for the funding agreement.
“We have funding to do that now. We have funding to look at other options to restructure too. To provide support to the household family. We’ll get to do those things ourselves. We don’t have to wait for an outside entity to sign off or approve it. We get to do that as a community,” said Morris.
The signing ceremony was attended by Indigenous Services Canada Minister Patty Hajdu, along with provincial Indigenous Affairs Minister Greg Rickford and Minister of Children, Community and Social Services Minister Michael Parsa.
Morris acknowledges that in the future law will be incorporated into many aspects of the community including healthcare, education, lands and resources.
“This process has opened the door where we can do other laws. Take other things on,” said Morris. “It’s going to take time, but we’ll get where we want to be in the future.”
