Debates of March 1, 2021 (day 63)

Date
March
1
2021
Session
19th Assembly, 2nd Session
Day
63
Members Present
Hon. Diane Archie, Hon. Frederick Blake Jr., Mr. Bonnetrouge, Hon. Paulie Chinna, Ms. Cleveland, Hon. Caroline Cochrane, Hon. Julie Green, Mr. Jacobson, Mr. Johnson, Mr. Lafferty, Ms. Martselos, Ms. Nokleby, Mr. Norn, Mr. O'Reilly, Ms. Semmler, Hon. R.J. Simpson, Mr. Rocky Simpson, Hon. Shane Thompson, Hon. Caroline Wawzonek
Topics
Statements

Question 617-19(2): Bill C-92: An Act Respecting First Nations, Inuit and Metis Children, Youth and Families

Masi, Mr. Speaker. Earlier, I spoke about Bill C-92, federal legislation, the bill that just passed. This government has an important obligation under this Bill C-92, federal Act Respecting First Nations, Inuit and Metis Children, Youth and Families. It sets a mandatory standard for territorial government when it comes to child apprehension and family intervention. It's also gives the territory an obligation role in the devolution of Child and Family Services to Indigenous governments, so I have questions for the Minister of Health and Social Services. Could the Minister tell this House what actions were taken to coordinate her department's response to Bill C-92. What reviews and committees were established? Masi, Mr. Speaker.

Speaker: MR. SPEAKER

Thank you, Member for Monfwi. Minister of Health and Social Services.

Thank you, Mr. Speaker, and I thank the Member for highlighting this area. The department is very supportive of the federal bill, and we are working to ensure that it is rolled out successfully in the NWT. When the act came into force in January of 2020, my predecessor sent a letter offering briefing and discussion to all Indigenous governments. When I became the Minister, I repeated that offer, and I have raised it at every bilateral conversation that I've attended since I became Minister. The key to this piece of legislation is that the conversation has to be initiated by the Indigenous government or Indigenous government organization. It's not for us to tell Indigenous governments that it's time for them to create their own Child and Family Services law; it's for them to tell us that they are ready to do it. Thank you.

That leads to my next question. As agreements are in place with Indigenous governments and provincial jurisdictions across Canada, we should be in that position, as well. Mr. Speaker, the primary instrument for devolving Child and Family Services to Indigenous people under Bill C-92 is a tripartite coordination agreement. This agreement is between an authorized Indigenous government, the federal government, and territorial-provincial government. There could be many tripartite coordination agreements in the NWT like Indigenous governments. Question to the Minister: how many of these agreements has the territorial government been a party to since the act was passed in the federal Parliament?

We received notice from one Indigenous government approximately a year ago that they were interested in beginning negotiations. We received notice from a second Indigenous government about a month ago. Neither of these conversations have reached the stage that the Member is talking about here, where we are negotiating a tripartite agreement. What we have done proactively as a department is adopted two new practice standards based on the federal act so that all children and families in the NWT have the benefit of these provisions, even before these agreements are put into place.

The first new practice standard has to do with the requirement to provide notice before taking a significant measure in relation to an Indigenous child or youth, so that would be notice that goes to the Indigenous government about a member of theirs. The second is a commitment to Indigenous children, youth, and families, and that has to do with supporting them through the family reunification process. We are very willing, more than willing, to enter into these negotiations. Just to say again: they need to be initiated by the Indigenous governments. They are funded by the federal government, and we are ready to do our part.

The bill came into effect over a year now, and we are still talking about potential one or two Indigenous governments possibly coming onboard. We need to be proactive. We need to be reaching out to these Indigenous governments across the territory, similar to other provincial jurisdictions. It's already established, and any apprehensions, they are the first go-to, Indigenous governments. We should be acting on that, as well, Mr. Speaker. It's a complex matter, negotiating the agreement. It covers funding, liabilities, transition, a scope of policy to be transferred. What supports has this Minister's department put in place to assist northern Indigenous governments wishing to enter into these kinds of agreements?

Until these negotiations are complete and an agreement is reached, we are the service provider at the Department of Health and Social Services through our health authorities, including the Tlicho Community Services Agency. When Indigenous governments approach us to begin discussions about negotiations, we are very happy to provide them with a range of options which could be them creating and implementing their own law if they have the capacity to do it, or it could be a collaborative arrangement between the GNWT and the Indigenous governments.

To reiterate, at the time that the bill came into force, my predecessor wrote to every Indigenous organization; once I became Minister, I wrote to every Indigenous organization. I have been to approximately six bilateral conversations with Indigenous government and Indigenous government organizations, and in each one, I have talked about this legislation and invited them to take up the challenge. The major stumbling block, I am hearing, is capacity. People understand that creating a law, creating an implementation plan is a huge undertaking, and so I think there is interest. We do not, at this point, have anything that has started in the way of negotiations.

Speaker: MR. SPEAKER

Thank you, Minister. Final supplementary. Member for Monfwi.

Masi, Mr. Speaker. The Minister alluded to lack of capacity building, lack of resource people within the system. It's time that we reinvest in these areas. We are talking about our children of the Northwest Territories, and this is a worthwhile investment. I certainly hope during the time 2021 comes to an end, where we have reached out to five regions, established an agreement. That is what I would like to see, Mr. Speaker. What role did the territory's Indigenous people play in bringing their children and family services up to the standards set out in Bill C-92? How were they involved? Masi, Mr. Speaker.

The development of the federal law was led, obviously, by the federal government, and they were assisted by the Assembly of First Nations. I know at least one person from the Member's region who participated in the development of this law by travelling to Ottawa and discussing it. The implementation of this law is being funded by the federal government. They have a pot of money, which, if I recall correctly, is around $450 million to spend with Indigenous governments to get involved in this process and build capacity to take over Child and Family Services. I just want to reiterate: we want this to happen; we want Indigenous governments to take the lead in caring for their children. We are here to help, but the first step needs to be the step by the Indigenous government. Thank you.

Speaker: MR. SPEAKER

Thank you, Minister. Oral questions. Member for Kam Lake.