Bill C-92

Bill C-92 is federal legislation enacted in 2019 concerning Indigenous child and family services in Canada. The measure sought to recognize Indigenous jurisdiction over child welfare and to affirm rights described in international instruments, while establishing a framework for collaboration between Indigenous governing bodies and Canadian institutions. It prompted extensive debate among Indigenous leaders, provincial authorities, legal scholars, and international bodies.

Background

The initiative emerged amid public attention from cases tied to the Sixties Scoop, the Residential school system, and inquiries such as the Truth and Reconciliation Commission of Canada and the National Inquiry into Missing and Murdered Indigenous Women and Girls. Political impetus followed campaigns by organizations including the Assembly of First Nations, the Congress of Aboriginal Peoples, the Métis National Council, and leaders from the Inuit Tapiriit Kanatami. Debates referenced legal precedents like the Constitution Act, 1982, decisions of the Supreme Court of Canada such as R v. Sparrow and Children's Aid Societies, and reports from institutions like Statistics Canada and the Canadian Human Rights Commission. International instruments such as the United Nations Declaration on the Rights of Indigenous Peoples and the Convention on the Rights of the Child influenced negotiators, alongside interventions from the Inter-American Commission on Human Rights and commentary from the United Nations Committee on the Rights of the Child.

Provisions

The statute set out principles and definitions drawn from Indigenous law traditions and statutory frameworks used by bodies including provincial authorities like the Government of Ontario, the Government of British Columbia, and the Government of Alberta. It created mechanisms for agreements with First Nations, Inuit, and Métis governing authorities, referencing institutions such as the Department of Justice Canada and the Indigenous Services Canada. The text addressed jurisdictional recognition, requirements for agreements resembling protocols used by agencies like Ontario Native Affairs Secretariat and structures akin to those in agreements with the Nisga'a Nation and Tsawwassen First Nation. It mandated coordination with bodies such as the Canadian Human Rights Tribunal and incorporated consultation processes consistent with jurisprudence from cases like Haida Nation v. British Columbia (Minister of Forests). The provisions outlined reporting, oversight, and dispute-resolution pathways involving courts including provincial superior courts and administrative bodies such as the Federal Court of Canada.

Legislative History

Introduced in the House of Commons of Canada during the term of the Liberal Party of Canada government led by Justin Trudeau, the bill advanced through readings, committee study by the Standing Committee on Indigenous and Northern Affairs, and debates that referenced testimony from witnesses including representatives of the Public Health Agency of Canada, provincial ministries of child services such as those in Saskatchewan and Manitoba, and legal scholars from universities like the University of Toronto, McGill University, and the University of British Columbia. Amendments were proposed by members from parties including the Conservative Party of Canada, the New Democratic Party, and the Green Party of Canada. Implementation planning involved coordination with organizations such as the Native Women’s Association of Canada, the First Nations Child and Family Caring Society, and the Indigenous Bar Association.

Support and Opposition

Supporters included leaders and organizations like the Assembly of First Nations, some provincial Indigenous governments including representatives from the Nisga'a Nation and the Inuit Circumpolar Council, human rights advocates from groups such as the First Nations Child and Family Caring Society, and legal commentators associated with faculties at Osgoode Hall Law School and the University of Ottawa Faculty of Law. Opponents raised concerns voiced by provincial executives from jurisdictions such as Ontario, Alberta, and Quebec, child welfare agencies including various Children's Aid Society branches, and legal critics citing potential conflicts with provincial statutes like Ontario’s child welfare legislation and administrative authorities such as provincial ministries of children’s services. International observers including delegates to the United Nations and scholars who study comparative law in contexts such as Australia and New Zealand engaged in critique. Civil society organizations including the Canadian Civil Liberties Association and think tanks like the Fraser Institute offered analysis questioning administrative capacity, funding arrangements, and compatibility with existing human rights frameworks.

Implementation and Impact

Implementation required trilateral agreements and administrative frameworks involving federal agencies like Indigenous Services Canada and provincial ministries in jurisdictions such as British Columbia, Nova Scotia, and Prince Edward Island. Early impacts were assessed by entities including Statistics Canada, independent auditors like the Office of the Auditor General of Canada, and health research bodies such as the Canadian Institute for Health Information and university research centres at McMaster University and University of Manitoba. Outcomes reported by Indigenous authorities such as the Tlicho Government and regional child-welfare agencies indicated varying capacity for taking on jurisdiction, prompting calls for sustained funding from the Federal Treasury Board and program support via the Canada Revenue Agency tax arrangements for Indigenous governments. Legal challenges and interpretations have proceeded through provincial superior courts and administrative tribunals including the Canadian Human Rights Tribunal, shaping jurisprudence on Indigenous self-determination, intergovernmental relations, and obligations under instruments like the United Nations Declaration on the Rights of Indigenous Peoples and the Convention on the Rights of the Child.

Category:Canadian federal legislation Category:Indigenous law in Canada Category:Child welfare law