Brief submitted jointly by the Assembly of First Nations Quebec-Labrador (AFNQL) and the First Nations of Quebec and Labrador Health and Social Services Commission (FNQLHSSC) – Bill 99: An Act to Amend the Youth Protection Act and other Provision – Culture: The key to First Nations Wellness

The Assembly of First Nations Quebec-Labrador (AFNQL) and the First Nations of Quebec and Labrador Health and Social Services Commission (FNQLHSSC) are submitting this brief in support of Bill 99 with a particular emphasis on the importance of the First Nations’ culture and the preservation of their ancestral customs and traditions as well as the desire of communities to be involved at the outset and throughout the delivery of youth protection services. Indeed, it was nation-to-nation collaboration within the context of a working group that led to the drafting of certain legislative provisions contained in Bill 99 the purpose of which is to preserve the cultural identity of First Nations children and provide for the communication of information to First Nations agencies and bodies responsible for the provision of child and family services.

Although these amendments are satisfactory, a number of steps remain to be taken to ensure that the First Nations’ interests and rights are given better consideration in the Youth Protection Act (YPA). The importance of preserving cultural identity should be examined in the interpretation of exceptions to the maximum periods of foster care, with consideration given, on one hand, to the intergenerational trauma affecting the First Nations and to the fact, on the other hand, that quality services are often less accessible for the First Nations. In addition, definitions of First Nations or Inuit body, First Nations or Inuit childcare establishment, and First Nation educational body must be added to the YPA, in particular to ensure that the amendments concerning the confidentiality and sharing of information achieve the goals agreed upon by the working group. Furthermore, this brief recommends that the legislative changes surrounding the financial contribution to placement (FCP) provide an opportunity for joint review of the disparities in its application across the First Nations communities within the framework of a committee on the costs set for the services provided to these communities.

The introduction of a provision to govern agreements setting out the responsibilities of a community or a group of communities’ vis-à-vis families who are providing care to children entrusted to them under the YPA is likewise welcomed. However, it is essential that the transitional provision clearly validate the de facto situations and verbal agreements currently in effect, so as to guarantee stability in the administration of the families until such as time as these agreements are renegotiated, as applicable.

In terms of autonomy and self-determination, this brief recommends that in order to improve the effectiveness of section 37.5 YPA, section 32 should be amended to allow the First Nations Child and Family Services Agencies (FNCFSA) to take charge of the orientation and review of a child’s situation as well as the termination of the intervention, in addition to assessment. Such amendment would allow for an intermediate step prior to the start of negotiations leading to the transfer of responsibility for youth protection services under section 37.5 YPA. This brief further recommends that the term “Aboriginal” be replaced by the term “First Nations and Inuit” in the YPA in order to better reflect the diversity of the nations of Québec. Lastly, this document discusses the concerns of the AFNQL and the FNQLHSSC as regards the introduction of provisions addressing the interprovincial adoption of children without prior consultation with First Nations and Inuit representatives, insofar as these provisions encroach on First Nations’ Aboriginal and treaty rights vis-à-vis customary adoption.

To conclude, by means of these legislative changes, the brief emphasizes the importance of First Nations families receiving the services they need in a timely manner. On this score, the Government of Québec has the opportunity and the duty, in the context of this bill and going forward, to implement Jordan’s principle in its entirety for all jurisdictional conflicts, including intragovernmental conflicts, and to ensure that the First Nations have access to quality services at least equal to those which Quebecers enjoy, by collaborating with the federal government and by allocating the human, material, and financial resources necessary for providing an effective continuum of services.