The Act was developed in response to Indigenous advocacy and the Truth and Reconciliation Commission’s Calls to Action. As of January 1, 2020, the Act applies across Canada.
The purpose of this Act is to:
- affirm the inherent right of self-government, which includes jurisdiction over child and family services;
- set out ‘National Standards’ that must be followed when providing child and family services to Indigenous children; and
- contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (‘UNDRIP’).
What are these ‘National Standards’?
Best interests of the child
- This includes a set factors used to assess what is in a child’s best interest.
Cultural continuity
- The recognition that the cultural is essential to a child’s wellbeing and that the government must not contribute to assimilation or cultural destruction.
Substantive equality
- The commitment that children, their families and the IGB must all be able to exercise their rights. Indigenous children must not experience gaps in service.