TLA online forum examines Indigenous child welfare act

By Tony Poland, LegalMatters Staff • The Toronto Lawyers Association (TLA) will be hosting an online forum next month to examine the federal government act that recognizes the rights of Indigenous communities to govern child and family services.

An Act Respecting First Nations, Inuit and Métis Children, Youth and Families, or Bill C-92, came into force two years ago with the intention of reducing the number of Indigenous children in foster care by permitting communities to create their own child welfare systems.

On Feb. 4, the TLA will discuss the legislation and the obligations it places on decision-makers and lawyers when serving indigenous children and families in child welfare proceedings.  

Purpose is to ‘demystify new federal act’

“The purpose of our program is to demystify the new federal act,” says TLA professional development manager Deirdre Harrington. “It’s a very timely and important topic.”

Because the forum will be held online, she says the TLA will be reaching out to law associations across Canada to participate.

“This legislation can impact lawyers across the country,” Harrington tells LegalMattersCanada.ca. “The Act came out of the Truth and Reconciliation Commission and puts obligations on decision-makers and lawyers when they represent or serve indigenous children and families.”

Bill C-92 “is a comprehensive reform of child and family services affirming the inherent right to self-government,” according to the Government of Canada. 

“The law establishes national principles including best interests of the child, cultural continuity, and substantive equality to guide the interpretation and administration of the Act,” the government’s website states. “There is an urgent need to change the way that child and family services are provided to First Nations, Inuit and Métis children, who are severely over-represented in the foster care system.”

‘Nuts and bolts’ overview

The TLA is offering a “nuts and bolts” overview of Indigenous child welfare proceedings that will examine:

• new legislation and its current applications;
• the best interests of the indigenous child test;
• the priority of placement obligations;
• how these new laws can be applied in everyday proceedings;
• jurisdiction;
• the process, including access to funding and coordination agreements;
• possible conflicts with existing laws; and
• what can be learned from the Cowessess First Nation (where 751 unmarked graves were discovered) and the Saskatchewan experience.

The 90-minute program contains one hour of EDI Professionalism and begins at 1 p.m. with a panel that includes Ontario Court of Justice A. William J. Sullivan along with family lawyers Sheri Woods and Jamesy Patrick, of Mokuruk & Woods Law, Saskatoon.

‘We believe they are the best people to talk on this topic’

“Both lawyers specialize in this area of the law,” says Harrington. “We believe they are the best people to talk on this topic because of their extensive experience.”

For more information and to register, click here. This progam is open to lawyers across the country.

The TLA has also announced it is in the process of rescheduling its annual Awards Gala, which was to be held at the Crystal Ballroom in the Omni King Edward Hotel on March 2.

Former Supreme Court Justice Louise Arbour will receive the TLA Award of Distinction in recognition of her outstanding contribution to the legal profession.  The new date will be announced shortly.

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