Children & Families

We have the inherent right and responsibility to care for and raise our children

The First Nations Leadership Council (FNLC) has been mandated by First Nations leadership to advance legislative, policy, and practice changes regarding First Nations child welfare in British Columbia.

First Nations in British Columbia: Inherent Rights and Responsibilities

There are 204 First Nations communities across what is now called British Columbia, each with its own distinct laws, practices, and histories. First Nations in B.C. have never surrendered their lands or territories and continue to uphold their inherent rights and responsibilities over their respective lands. Among these rights is the fundamental responsibility to care for and raise their children. For decades, First Nations in B.C. have been at the forefront of advocating for systemic change and asserting jurisdiction over child and family services.

Bill C-92: Recognizing First Nations Jurisdiction Over Child and Family Services

A significant milestone in this advocacy was the enactment of the Act Respecting First Nations, Inuit and Métis Children, Youth and Families (commonly known as Bill C-92) in January 2020. This federal law recognizes and affirms the pre-existing, inherent right of First Nations to jurisdiction and self-determination over child and family services. It also establishes a series of national minimum standards that all provincial and territorial governments must adhere to. Bill C-92 marked the first time a federal statute explicitly recognized the inherent right of self-determination held by Indigenous peoples, aligning with the implementation of the UN Declaration on the Rights of Indigenous Peoples (UN Declaration) by creating a legal framework for First Nations child and family services laws.

FNLC’s Role in Implementing the UN Declaration

The FNLC has been instrumental in advancing the implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) in British Columbia. FNLC has consistently advocated for the recognition of Indigenous rights and worked to ensure that provincial laws align with the UN Declaration. Their efforts contributed to British Columbia becoming the first jurisdiction in Canada to pass legislation that establishes a framework for implementing the minimum rights standards set out in the UN Declaration through the passage of the Declaration Act.

Bill C-15: Federal Commitment to the UN Declaration

Furthering these commitments, on June 21, 2021, the government of Canada passed the United Nations Declaration on the Rights of Indigenous Peoples Act (Bill C-15), which received Royal Assent and came into force immediately. The Act affirms that the UN Declaration applies to both provincial and Canadian law. It also mandates the B.C. government and the government of Canada to work in consultation and cooperation with Indigenous peoples to ensure legal consistency with the UN Declaration, and to develop and implement action plans to achieve its objectives.

FNLC’s Mandate to Advance First Nations Child and Family Well-Being

Following direction from First Nations Chiefs and leaders, the FNLC received a mandate to advance the Action Framework: Reconciliation, Self-Determination, and Self-Government for Indigenous Children, Families, and Nations in B.C. As part of this work, the FNLC facilitated the establishment of the Tripartite First Nations Children and Families Working Group (TWG) in collaboration with provincial and federal partners.

Key Deliverables of the Tripartite Working Group (TWG)

In 2017, the TWG developed two foundational documents that guided its efforts:

Reconciliation Charter for First Nations Child & Family Well-Being in British Columbia (Reconciliation Charter), signed in April 2017.
Tripartite First Nations Children and Families Working Group Terms of Reference (TOR), approved in March 2017.

The Terms of Reference outlined clear objectives to drive systemic reform, aligning with the mutual commitments in the Reconciliation Charter and establishing a framework for meaningful action.

Ongoing Tripartite Efforts Toward Systemic Change

Canada, British Columbia, and First Nations continue to work together to achieve transformative change in child and family services. Their collective efforts focus on:

Legislative Reform – Recognizing and affirming First Nations jurisdiction over child and family services.
Policy and Program Development – Supporting Indigenous-led approaches that prioritize cultural well-being.
A Sustainable Fiscal Model – Ensuring equitable and effective funding for First Nations child welfare in B.C.

Through these initiatives, FNLC continues to advocate for self-determination and self-government in child and family services, ensuring that First Nations laws, governance, and traditions remain central to decision-making.