POLICY MONITOR CANADA » Aboriginal Affairs

New Brunswick Report on First Nations child welfare

Admin — Wed, 24 Feb 2010 21:59:41 +0000

Office of the Ombudsman and Child and Youth Advocate

Report on First Nations child welfare released (10/02/24)

Feb. 24, 2010

FREDERICTON (CNB) – Ombudsman and Child and Youth Advocate Bernard Richard today released a report entitled, Hand-in-Hand: A Review of First Nations Child Welfare in New Brunswick.

In his report, Richard recommends sweeping changes to the child welfare system on First Nations, reducing the number of agencies to three from the current 11.

Richard also calls for the establishment of a single First Nations Child and Family Services Office that would provide financial and administrative functions to the three agencies. Furthermore, he provides recommendations related to funding, governance, service delivery standards, training and accountability.

“My objective was to recommend changes that will reduce the duplication of administrative work being done in each community in order to maximize frontline social work services,” said Richard. “In my view, it is necessary to maintain and augment the number of social workers in each community who provide culturally based services and to give them access to the same resources employed by social workers in the rest of the province.”

Richard, in his report, also delves into the deep-seated issues affecting First Nations communities, such as poverty, drug addictions, domestic violence, and the erosion of the Mi’kmaq and Maliseet cultures and languages.

“It was essential to examine the underlying social, economic and cultural conditions for this report,” said Richard. “To simply put in place an improved child welfare system would not be enough to truly create equal opportunities for First Nations children. For real change to occur, we must address the determinants of child welfare and focus on prevention-based solutions.”

Copies of the report will be available online. To request a paper copy, call 1-888-465-1100 or e-mail, nbombud@gnb.ca.

10/02/24

EDITOR’S NOTE: Following is a backgrounder on Hand-in-Hand: A Review of First Nations Child Welfare in New Brunswick. MEDIA CONTACT: Bernard Richard, Office of the Ombudsman and Office of the Child and Youth Advocate, 506-453-2789, nbombud@gnb.ca.

Backgrounder: Hand-in-Hand: A Review of First Nations Child Welfare in New Brunswick

In May 2009, the Minister of Social Development asked the Child and Youth Advocate to review and make recommendations about the child welfare services provided in New Brunswick’s 15 First Nations communities.

Bernard Richard, the ombudsman and child and youth advocate, consulted widely and produced a report that gives voice to the concerns expressed by First Nations youth, their families, community leaders and service providers.

The report’s many recommendations are aimed at all levels of government: federal, provincial and First Nations. Beyond that, the report asks all New Brunswickers, First Nations and non-Aboriginals alike, to work together to achieve equal opportunity for all.

Part I of the report focuses on the delivery of child welfare services in First Nations communities. Richard recommends a rationalization of service delivery, reducing the number of agencies from to three from 11 and establishing a single First Nations Child and Family Services Office from which certain financial, administrative and specialized child welfare services would be offered.

In Richard’s view, the strengths of the current service delivery model (such as Head Start programs for young children, community-based service delivery, social work outreach to the child’s family and community, and the active offer of culturally based child welfare practices) must be retained and strengthened.

Richard recommends that the entire reform process be guided by the Touchstone Principles of First Nations child welfare: self-determination, non-discrimination, holistic and structural interventions and respect for culture and language.

The Department of Indian and Northern Affairs Canada (INAC) is committed to moving to a more prevention-based service delivery model, but more funding from INAC and other federal agencies will be required for the prevention-based model to succeed.

Richard said the provincial government must also support service delivery by sharing its information management and case management tools; by supporting the roll-out and maintenance of payroll services and information systems to the new First Nations Child and Family Services Office and its agencies; and by helping regional Department of Social Development offices and First Nations agencies to work collaboratively, share training events and benefit from new initiatives such as family group conferencing.

According to Richard, chiefs and councils will have to shoulder collectively the task of governing the First Nations Child and Family Services Office and agencies while maintaining and improving investments in their own communities to ensure that children come first.

Beyond this reform of service delivery, Richard, in his report, calls for bold action to address the root causes of the disadvantages faced by First Nations children.

Part II analyzes the situation of children in First Nations communities. Richard noted that First Nations children in New Brunswick are six times more likely than other children to be taken from their homes and placed in foster care; four to five times more likely to be charged as young offenders; and may be at greater risk for health issues such as obesity and fetal alcohol spectrum disorder. Moreover, Richard noted that the Mi’kmaq and Maliseet languages are dying and may not survive past the next generation unless immediate measures are taken.

Richard invited all New Brunswickers and all levels of government to take new approaches to housing, job creation, economic development, drug monitoring and treatment and law enforcement.

Furthermore, he said, it is essential that new investments be made in early childhood development, youth sports and recreation, and cultural and linguistic preservation and promotion, in order to build resiliency and strong identities and to reinforce the strong attachment to community and family among First Nations children.

“When all New Brunswickers work together toward this goal, we will make swift progress and become, at long last, the living example of equal opportunity that we can aspire to be,” Richard said.

Consultation Fund For Aboriginal Communities in Manitoba

Admin — Mon, 01 Feb 2010 17:26:00 +0000

Consultation Participation Fund Announced For Aboriginal Communities

Roundtable Forum Also to be Held This Spring

Manitoba will invest $5 million over five years in a new Crown-Aboriginal Consultation Participation Fund and co-host a roundtable discussion with the Assembly of Manitoba Chiefs on consultation and accommodation, Aboriginal and Northern Affairs Minister Eric Robinson announced today.

“I am pleased to announce the establishment of the Consultation Participation Fund to support the participation of First Nations, Métis and other Aboriginal communities in Manitoba’s Section 35 consultations,” said Robinson. “Our government remains committed to honouring our duty to consult with Aboriginal communities on provincial decisions or actions that may affect their Aboriginal and treaty rights. This fund will help these communities to effectively participate in our consultation efforts.”

The Supreme Court of Canada has ruled, under Section 35 of the Constitution Act, the Crown has a legal duty to consult with Aboriginal peoples about any action or decision that might affect Aboriginal or treaty rights.

In order to access funding support from the Consultation Participation Fund, Aboriginal communities are encouraged to work with provincial departments in developing joint consultation plans and budgets that require Section 35 consultations. Departments will make applications to the fund to cover an Aboriginal community’s costs under these joint consultation plans. The fund is being managed and administered by the Manitoba government.

“In addition to the creation of this fund, the province and the Assembly of Manitoba Chiefs will co-host a roundtable discussion on consultation and accommodation this spring,” said Robinson. “This will provide a forum for meaningful government-to-government dialogue between First Nations and Manitoba on Section 35 consultations.”

Robinson said, based on the recognition and affirmation of Aboriginal and treaty rights under Section 35 of the Constitution Act, 1982, Manitoba recognizes it has a legal duty to consult in a meaningful way with Aboriginal communities when any proposed provincial law, decision or action may adversely affect the exercise of an Aboriginal right or treaty right of that Aboriginal community.

BACKGROUND INFORMATION ATTACHED

Submissions on the Report of the Chief Electoral Officer of Nunavut

Admin — Tue, 26 Jan 2010 22:17:32 +0000

Legislative Assembly Invites Public Submissions on the Report of the Chief Electoral Officer of Nunavut

IQALUIT, Nunavut (January 20, 2010) – Speaker James Arreak today invited Nunavummiut to provide written submissions to the Management and Services Board of the Legislative Assembly on the most recent annual report of the Chief Electoral Officer of Nunavut.
The report contains a number of recommendations for amendments to the Nunavut Elections Act. Copies of the Chief Electoral Officer’s annual report are available from Elections Nunavut’s website at: www.elections.nu.ca. “I encourage Nunavummiut to express their views on the administration of elections in the territory,” said Speaker Arreak. “Members of the Legislative Assembly look forward to receiving constructive suggestions and recommendations concerning this important legislation.”

Submissions will be accepted until March 31, 2010. Submissions should be provided to the Office of the Legislative Assembly of Nunavut and may be sent by email to: Submissions@assembly.nu.ca. Speaker Arreak added, “The Board welcomes requests from Nunavummiut who may wish to appear in person to present their recommendations. Any hearings that the Board holds will take place prior to the fall sitting of the House, when it is anticipated that the Chief Electoral Officer’s report will be referred to the Committee of the Whole for detailed consideration by all Members.”

Review Panel Established for the Northern Gas Pipeline Project

Admin — Thu, 21 Jan 2010 05:09:29 +0000

Joint Review Panel Established for the Northern Gateway Pipeline Project

OTTAWA, January 20, 2010 - Canada’s Environment Minister Jim Prentice and Mr. Gaétan Caron, chair and CEO of the National Energy Board, announced today the establishment of a three-member joint review panel for the environmental and regulatory review of the proposed Northern Gateway Pipeline Project.

Minister Prentice and the National Energy Board appointed Ms. Sheila A. Leggett as the Panel chair, and Mr. Hans Matthews and Mr. Kenneth M. Bateman as Panel members. Biographical information on the Panel chair and members is available in the accompanying backgrounder.

The joint review panel process will provide an opportunity for all hearing participants to make their views known on the project in an open and transparent forum. The public and Aboriginal groups are encouraged to bring their views on the Northern Gateway Project forward to the Joint Review Panel (the Panel).

A Joint Review Panel Agreement (the Agreement) for the environmental and regulatory review was signed by Minister Prentice and Mr. Caron and was released on December 4, 2009. The Agreement, which was issued for public comment for a 64-day period before being finalized, describes the Panel’s terms of reference as well as the process to be followed for conducting the joint panel review.

The Agreement, including the Terms of Reference, as well as additional information on the project are available on the Canadian Environmental Assessment Agency’s website at www.ceaa-acee.gc.ca, under reference number 06-05-21799, and on the National Energy Board’s website at www.neb-one.gc.ca.

The Canadian Environmental Assessment Agency administers the Participant Funding Program which supports individuals and non-profit organizations and Aboriginal groups interested in participating in the review panel process. Next steps in the review process will include the announcement of the participant funding recipients and the filing of the project application by Enbridge Northern Gateway Pipelines with the National Energy Board. The Panel will provide additional opportunities for public input and input by Aboriginal groups on the List of Issues to be considered by the Panel. Additional information will be available when the Panel issues its Hearing Order.

About the Project

Enbridge Northern Gateway Pipelines proposes to construct and operate two pipelines, 1,170 km in length, between an inland terminal at Bruderheim, Alberta and a marine terminal near Kitimat, British Columbia. About 500 km of pipeline will be in Alberta and 670 km in British Columbia. One of the pipelines will carry crude oil west to Kitimat and the other line will carry condensate east to Bruderheim. The project also includes the construction and operation of an integrated marine infrastructure at tidewater to accommodate loading and unloading of oil and condensate tankers and marine transportation of oil and condensate.

About the Canadian Environmental Assessment Agency

The Canadian Environmental Assessment Agency administers the federal environmental assessment process, which identifies the environmental effects of proposed projects and measures to address those effects, in support of sustainable development.

About the National Energy Board

The NEB is an independent federal agency that regulates several parts of Canada’s energy industry. Its purpose is to promote safety and security, environmental protection, and efficient energy infrastructure and markets in the Canadian public interest, within the mandate set by Parliament in the regulation of pipelines, energy development and trade.

First Nations Consultation Guides for BC Environmental Assessment

Admin — Mon, 11 Jan 2010 18:31:00 +0000

Proponent Guide for providing First Nation Consultation Information – Non-Treaty First Na tions (formally called Supplemental to Environmental Assessment Office 2009 User Guide – Application Information Requirements and Required First Nations Information) (Jan 2010)

This document provides guidance to proponents on meeting consultation expectations which relate to the potential impacts of the proposed project on aboriginal rights, including title. This document is not intended to be a comprehensive guide on how to consult with First Nations or to replicate materials covered in the Environmental Assessment Office 2009 User Guide. This guide provides specific parameters to proponents on ways to obtain required First Nation information. A separate guide exists for required information regarding Treaty Nations.
Purpose

Proponent Guide for Providing Treaty Nation Consultation Information – Treaty Nations (formally called Supplemental to: Environmental Assessment Office 2009 User Guide – Application Information Requirements and Treaty Nations) (Jan 2010)

This document provides guidance to proponents on meeting consultation expectations which relate to the potential impacts of the proposed project on the treaty rights and interests which arise under the treaty between the First Nation, the Province and Canada. This document is not intended to be a comprehensive guide on how to consult with First Nations, how to interpret First Nation treaties, or to replicate information provided in the Environmental Assessment Office 2009 User Guide. This guide is also not intended to replace or fully articulate the Province’s duties and responsibilities as established under existing treaties. Further, a proponent who is contemplating any project that may impact a First Nation with a treaty should seek to have the potential impacts to the treaty interpreted and explained by the Environmental Assessment Office (EAO).

TAX OPTIONS CONSULTATION: NWT

Admin — Thu, 17 Dec 2009 17:37:24 +0000

December 10, 2009

Report on 2009 Revenue Options Consultation Released

Finance, today released a report on the Revenue Options consultation held in Yellowknife on October 7 and 8, 2009.

The two-day meeting gathered delegates representing community and Aboriginal governments, business, environmental and social organizations to discuss economic and fiscal strategies and potential improvements to the NWT tax system. The report also includes the comments and suggestions submitted by members of the general public.

Many of the recommendations from the roundtable align with initiatives that the GNWT is currently pursuing and the ideas received will help guide the GNWT’s decisions about its tax and fiscal strategies in support of the vision and goals of the current 16 th Legislative Assembly.

Minister Miltenberger stressed that no immediate changes to the tax system are being proposed. “Proposals for significant change to the NWT tax system need considerable research and analysis and further consultation before they can be considered for implementation,” said Minister Miltenberger. This work will be undertaken in the upcoming fiscal year

Read the press release
Read the report

National Aquaculture Strategic Action Plan Initiative – Discussion document

Admin — Wed, 16 Dec 2009 01:52:51 +0000

National Aquaculture Strategic Action Plan Initiative – Discussion document (East Coast & Central Canada) (March 2009)

Fisheries and Oceans Canada (DFO), in partnership with other federal departments and agencies and the Provincial and Territorial members of the Canadian Council of Fisheries and Aquaculture Ministers – Aquaculture Task Group (CCFAM-ATG), is leading a collaborative exercise to advance socially and environmentally sustainable aquaculture development in Canada¹. Achieving Canada’s potential as a leading aquaculture producer requires that the principal challenges and constraints to sustainable development be addressed and resolved. Based on consultation, specific objectives, targets and action plans will be necessary to guide the efforts of all pertinent parties. This discussion document has been prepared as background information to facilitate robust dialogue amongst industry, governments and other stakeholders in support of this exercise.

The document explores various topics and seeks contribution from groups and individuals with an interest in the subject. It is intended to focus discussions and stimulate strategic thinking in the interest of generating plausible innovative and progressive solutions.

Canada supports the sustainable development of aquaculture. Federal and provincial governments recognize sustainable aquaculture as a legitimate use of Canadian waters and it is the responsibility of both levels of government to ensure that the environment and other public interests are not unduly compromised by aquaculture development. For more information, please refer to www.dfo-mpo.gc.ca/aquaculture.

Through extensive engagement via a series of regional workshops in the Spring and Summer of 2009, it is expected that meaningful input will be obtained to:

confirm our collective understanding of the constraints facing sustainable development of the sector;
provide a platform from which to generate insight and innovative advice regarding potential means to resolve the identified constraints; and,
use this feedback to facilitate the activities and decision-making by industry, governments and other stakeholders in development of strategic action plans to strengthen the economically, socially and environmentally sustainable development of the Canadian aquaculture sector.

This discussion document (i) provides a general overview of the Canadian aquaculture sector; (ii) describes the challenges and priorities that have been identified by industry, stakeholders, and Aboriginal peoples over the past number of years; and (iii) seeks to stimulate discussion and input from participants regarding the constraints and possible approaches to resolve them. The document is organized into the following areas for Strategic Action Planning:

Regulatory and Management Regimes for a Sustainable Sector
Environmental Management of Aquaculture
Introductions & Transfers of Aquatic Organisms
Access to Wild Stocks for Aquaculture Purposes
Canadian Shellfish Sanitation Program
Sustainability, Competitiveness, Investment & Innovation
Innovation
- Fish & Shellfish Health Management
- Aquatic Invasive Species
- Emerging Production Technologies
- Industry Diversification / Alternative Species
Risk Management & Access to Financing
Infrastructure
Market Access & Certification
Social Licence & Reporting

Information presented in this document is based on past initiatives, consultations and reports pertaining to aquaculture development in Canada (and elsewhere). There are no preconceived ideas regarding the outcome of this exercise. Rather, the intention is to work collaboratively and collectively to develop sectoral action plans that will facilitate further development of sustainable aquaculture throughout Canada.

Within the document, strategic questions are posed at the end of each sub-section to facilitate discussions and guide decisions that will lead to the development of strategic action planning initiatives. There are 18 strategic questions in all. Through stakeholder discussion at the regional workshops, however, the emergence of additional factors and questions is likely – and welcomed.

It is also anticipated that different answers will be generated in different regions and/or sectors for the same questions. Therefore, a provincial / regional consultation process has been employed to solicit input, leading to the development of sector-specific Strategic Action Plans that effectively target the various sub-sectors of the Canadian aquaculture industry; namely: Shellfish (East Coast), Shellfish (West Coast), Freshwater, Marine Finfish (East Coast) and Marine Finfish (West Coast). The resulting action plans will address specific needs within each of these industry sub-sectors. It is also inevitable that there will be many factors in common to the different sectors and regions so it is envisaged that the sectoral action plans will be consolidated within an overarching national action plan pertaining to generic needs and challenges within the industry.

Return to Table of Contents

NFLD Consultations on Child, Youth and Family Services Act

Admin — Mon, 14 Dec 2009 18:29:59 +0000

The Department of Child, Youth and Family Services is embarking on a comprehensive review of the Child, Youth and Family Services Act.A series of scheduled consultations will begin this week with key stakeholders, including representatives from advocacy, client, aboriginal, education, health, judicial and community groups. Other organizations and interested individuals are also encouraged to submit their views on the current legislation.

“The purpose of legislative review is to obtain a broad range of feedback from people who work with, or are impacted by, child protection legislation,” said the Honourable Joan Burke, Minister of Child, Youth and Family Services. “A close examination of the act will help ensure that every measure we implement in the new department is designed to strengthen the child protection system. Our policy decisions as we move forward must be rooted in strong legislation.”

The current Child, Youth and Family Services Act, proclaimed on January 5, 2000, is the legislation which governs the protection of children in Newfoundland and Labrador. The act provides the authority to intervene when a child is the victim, or at risk, of abuse by a parent or legal guardian.

Various reports have recommended a legislative review, including the Clinical Services Review released in May 2009. The review of the act will focus on limitations or gaps in the current legislation.?This will range from analyzing terminology to a broader examination of the legislative principles and authority for providing services to children, youth and their families.

“The Provincial Government recognizes that the Child, Youth and Family Services Act needs to be reviewed and updated,” said Minister Burke. “The Clinical Services Review and other reports have pointed to serious deficiencies within the system. One of the first steps to making the necessary reforms to safeguard our children is to complete a legislative review.”

Individuals wishing to comment on the act can do so through a discussion guide posted on the CYFS website at

www.gov.nl.ca/cyfs. The information and questions in the guide are provided as an aid to help facilitate dialogue and feedback. Comments regarding other insights or concerns are encouraged and welcomed. Input can also be provided by calling, emailing or by sending a written submission to the department.“I encourage anyone who has views on the current legislation to share their thoughts,” said Minister Burke. “This is a chance to directly influence legislation and to help create the best child and youth protection system in the country.”

Announced under Budget 2009, the creation of the new Department of Child, Youth and Family Services signals the Provincial Government’s commitment to building a revitalized system that is responsive to the priority needs of children and that operates within a culture of accountability and excellence.

The current Child, Youth and Family Services Act can be viewed online at http://assembly.nl.ca/Legislation/sr/statutes/c12-1.htm. The act and discussion guide can also be obtained by calling the department.

Comments can be made until January 30, 2010 by:

Email:
cyfsreview@gov.nl.ca

Phone:
Joanne Cotter, Program Consultant, 1-877-225-3335

Mail:
CYFS Legislative Review
c/o Joanne Cotter, Program Consultant
Child, Youth and Family Services
P.O Box 8700
St, John’s, NL
A1B 4J6

Alberta Kinship Care Program Review Report

Admin — Mon, 14 Dec 2009 15:59:45 +0000

Kinship Care Program Review Report

A report and recommendations aimed at strengthening our kinship care program, and a document outlining how our ministry is responding to the recommendations in the report, have been posted online. The ministry has accepted all of the recommendations and implementation has begun.

Read the Report

Read the Response

SASKATCHEWAN GOVERNMENT LOOKS FOR OPTIONS TO IDENTIFY AND PROTECT BURIAL SITE

Admin — Tue, 17 Nov 2009 00:05:51 +0000

GOVERNMENT LOOKS FOR OPTIONS TO IDENTIFY AND PROTECT BURIAL SITES

The Government of Saskatchewan announced a new initiative to look at ways to preserve and catalogue cemeteries and burial sites.

Minister responsible for The Cemeteries Act Don Morgan has asked Al Dwyer to convene a working group of stakeholders and interested individuals to look into this issue and make recommendations on options to encourage greater community involvement in the care and maintenance of local, non-commercial cemeteries. Dwyer is the former Registrar of Cemeteries.

“I believe that something needs to be done to preserve our cemeteries and places of interment, to maintain our heritage for future generations and honour the memory of those who helped build this province,” Morgan said.

There are about 3,500 known cemeteries throughout Saskatchewan, many of these run well and cared for by owners, local communities and religious organizations. However, there are a significant number that are abandoned and uncared for as well as many more that are unknown or uncatalogued, including many Aboriginal burial sites.

The working group is to report back to the Minister with their recommendations in the new year. Interested groups, individuals and organizations are encouraged to contact Mr. Dwyer at 1-877-880-5550.