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Manitoba slams lack of detail on plan to overhaul Indigenous child welfare

Canada is only six weeks away from one of the largest ever reforms to the Indigenous child welfare system, and Ottawa has not shared information about how it will be implemented or funded, Manitoba’s families minister says.

The federal government has said the reformed legislation will reduce the number of Indigenous children in care by affirming the inherent rights of First Nation, Inuit and Métis communities. (Costea Andrea M/Shutterstock)

Canada is only six weeks away from one of the largest-ever reforms to the Indigenous child welfare system, and Ottawa has not shared information about how it will be implemented or funded, Manitoba’s families minister says.

“This is not the way to bring about reforms in such an important area as this that will have an impact on the most vulnerable people in our society — which is our children,” Heather Stefanson said.

“This is unacceptable.”

Stefanson said last month she shared her concerns with former Indigenous services minister Seamus O’Regan about the rollout of C-92, which is to include a massive overhaul of Indigenous child welfare across the country.

She said she never received a response.

Stefanson said she sent another letter to newly appointed Indigenous Services Minister Marc Miller this week, reasserting the province’s concerns.

Manitoba Families Minister Heather Stefanson says she supports the overall objective of the reforms to the Indigenous child welfare system, but there’s no clear plan for how it will be implemented or funded. (CBC)

The federal government has said the legislation will reduce the number of Indigenous children in care by affirming the inherent rights of First Nation, Inuit and Métis communities.

Indigenous groups — which is not defined in the legislation — are to give notice of their intent to exercise jurisdiction or request a tripartite co-ordination agreement with the federal and provincial governments. They would develop or implement existing laws related to child welfare and those would prevail over federal and provincial laws.

There is no funding attached to the legislation.

Rola Tfaili, a spokesperson for Indigenous Services Canada, said the department can’t provide specific information until the new year. Tfaili said the implementation will be co-developed with Indigenous partners and stakeholders.

Stefanson said she supports the overall objective of the legislation but there’s no clear plan for how it will be implemented or funded.

In Manitoba, the stakes are high, she said. There are about 10,000 children in care in the province and about 90 per cent are Indigenous.

“We want to ensure these kids don’t fall through the cracks as a result of these changes that are being imposed by the federal government,” she said.

There are more than 60 First Nations in Manitoba. While many people live on reserves, a significant number live in urban centres.

There is also a large Métis population. Stefanson said the legislation needs to address situations where kids have connections to multiple communities.

She is concerned about how it will affect data sharing between agencies, such as the child abuse registry, ensure equity in care, and work within the provincial court system.

Manitoba is currently doing its own child-welfare overhaul, and the federal legislation will likely affect those plans, she said.

“This is arguably the biggest reform of child welfare in the history of our country and there’s been no dialogue.”

Stefanson said there are also questions about how it will affect the jurisdiction of the Manitoba advocate for children and youth.

Advocate Daphne Penrose said there must be a clear plan for moving from the current system to the new laws. She has not received any communication from the federal government.

“This is a system where children’s lives depend on this system protecting them in a number of areas, and supporting families to stay together,” she said, adding that people need to work together to make it a success.

“The federal government needs to provide communication and resources and funding and transitional frameworks in order for this to be done in a meaningful and good way for kids. Those commitments need to be in place.”

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