Five Years of Indigenous-led Child and Family Services Law
Author(s): Scott Douglas Jacobsen
Publication (Outlet/Website): The Good Men Project
Publication Date (yyyy/mm/dd): 2025/02/22
Jennifer Cooper is a Communications Advisor in Media Relations for Indigenous Services Canada and Crown-Indigenous Relations and Northern Affairs Canada, based in Ottawa, Ontario. With over three years of public service experience and a background in commercial insurance, she specializes in policy development, qualitative and quantitative research, and strategic communications. A graduate of Carleton University with a B.A. Honours in History, she has intermediate French proficiency (BBB) and a strong multidisciplinary skill set. Jennifer’s diverse experience includes teamwork, multi-factor analysis, and leadership, rooted in her upbringing as an Air Force brat and her involvement in sports like rowing and rugby. Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families,addresses the over-representation of Indigenous children in child and family services. Enacted on June 21, 2019, and effective January 1, 2020, the Act empowers Indigenous communities to develop and govern their child and family services, affirming self-government rights. It sets principles of cultural continuity, equality, and child welfare. Coordination agreements establish roles between Indigenous, federal, and provincial bodies. With $851 million allocated for implementation and 13 Indigenous laws enacted, the Act promotes cultural preservation and reconciliation through strengthened Indigenous-Crown relationships and self-determined services.
Scott Douglas Jacobsen: What past practices in child and family services for Indigenous children and youth prompted Bill C-92?
Jennifer Cooper: Previously known as Bill C-92, An Act respecting First Nations, Inuit and Métis children, youth and families (the Act), was created in response to First Nations, Inuit, and Métis leaders, Elders, parents, grandparents, children, and community members who called on the government to reduce the number of Indigenous children in care. The Act aims to address the critical issue of over-representation of Indigenous children in the child and family services system. Canada recognizes that Indigenous communities are best positioned to identify and implement solutions for their own communities, where in the past, they were bound by systems that were not generally reflective of their cultures and identities.
Jacobsen: When did Bill C-92 (An Act respecting First Nations, Inuit and Métis children, youth and families) come into effect?
Cooper: The Act became law on June 21, 2019, and came into effect as of January 1, 2020 – 5 years ago. Celebrating Five Years of Indigenous-led Child and Family Services Law
Jacobsen: What national principles set out Bill C-92?
Cooper: The Act sets national principles, such as the best interests of the child, cultural continuity and substantive equality to help guide the delivery of child and family services, to keep families together and to reduce the number of Indigenous children in care.
Jacobsen: How did the Supreme Court of Canada rule on Bill C-92?
Cooper: The continued implementation of the Act remains a government priority reinforced by the Supreme Court of Canada’s opinion, delivered on February 9, 2024, that the Act, in its entirety, is constitutionally valid.
Jacobsen: How do coordination agreements integrate with Bill C-92?
Cooper: A coordination agreement articulates the roles and responsibilities between Indigenous governing bodies, Canada and provinces or territories in the implementation of the Indigenous governing body’s exercise of jurisdiction in relation to child and family services.
By entering into tripartite coordination agreements and associated fiscal arrangements, Canada works with Indigenous governing bodies, as well as provinces and territories to ensure that Indigenous peoples, groups, and communities can establish their own laws, service models, supports, and programs that best meet the needs of their children, youth, and families.
We have signed 10 coordination agreements and 1 bilateral agreement with Indigenous governing bodies, including the first Inuit agreement. We are currently in discussion with a number of communities and provincial governments to implement additional agreements.
Jacobsen: How has the federal government supported Indigenous groups in capacity-building funding with C-92?
Cooper: As of January 2025, $851 million has been allocated to support the implementation of Indigenous child and family services laws and service models.
In addition, $251 million in capacity-building funding has been provided to more than 244 Indigenous governing bodies.
Jacobsen: What are the benefits in allowance of Indigenous groups to design child and family services programs?
Cooper: For generations, government policies devastated communities by separating children from their families, culture, and language. The Act provides a broad framework for Indigenous groups, communities and peoples to create and self-govern their child and family services. Through the Act, Indigenous laws can potentially gain the force of federal law and prevail over conflicting federal, provincial and territorial laws. In this way, the Act is a major step toward the continued affirmation of the Indigenous right to self-government in relation to child and family services in Canada.
As of January 1, 2025, 13 Indigenous Child and Family Services laws have come into force throughout the country. The Act advances the well-being of Indigenous children, youth and families by preserving and promoting connections to family, culture and community.
Jacobsen: How does C-92 reflect the government’s commitments to reconciliation and Indigenous-Crown relationships?
Cooper: Canada believes the Act to be an important step in the process of reconciliation with First Nations, Inuit and Métis through renewed nation-to-nation, government-to-government and Indigenous-Crown relationships based on recognition of rights, respect, cooperation and partnership. This is a critical step on our path towards reconciliation, and a future where kids can grow up surrounded by love, language and culture.
Please see below, the news releases from the most recent coordination agreements:
Jacobsen: Thank you for the opportunity and your time, Jennifer.
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