B.C. strengthens Indigenous jurisdiction in child, family services

VICTORIA - Amendments to the Adoption Act and the Child, Family and Community Service Act (CFCSA) will expand the scope for joint and consent-based decision-making agreements in Indigenous child and family services and will create a full pathway for dispute resolution through the provincial courts under Indigenous law.

New legislation, when passed, will further support Indigenous communities to exercise authority for child and family services. These changes build upon the historic Indigenous Self-Government in Child and Family Service Act (Bill 38), which was passed with unanimous support in November 2022, and more closely align the ministry's approach with the intention of the Declaration on the Rights of Indigenous Peoples Act (Declaration Act).

The amendments:

• expand the scope and minimize barriers for joint and consent-based decision-making agreements; and
• enable the use of the B.C. Supreme Court and B.C. Court of Appeal as appellate courts for Indigenous child and family services laws.

The Ministry of Children and Family Development first enabled joint and consent-based decision-making agreements under the Declaration Act through Bill 38 in 2022. The ministry, in response to requests from Indigenous Governing Bodies, has introduced amendments to broaden the scope of joint and consent-based decision-making under the CFCSA and the Adoption Act to encompass most decisions taken by a director under the CFCSA and the Adoption Act.

Further amendments to the CFCSA will ensure that appellate courts can hear matters under Indigenous law. Bill 38 introduced a pathway for Indigenous Governing Bodies to refer to the Provincial Court for dispute resolution under their Indigenous law, which is the same dispute resolution process available in the CFCSA. The addition of appellate courts will ensure that, where an Indigenous Governing Body opts to use provincial courts for dispute resolution, the full provincial appeals process is available to families.

This legislation was developed in consultation and collaboration with Indigenous partners.

Learn More:

Bill 38, Indigenous Self-Government in Child and Family Services Amendment Act: https://news.gov.bc.ca/27861

Adoption Act: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96005_01

Child, Family and Community Service Act: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96046_01

Recent legislation in B.C.: https://strongerbc.gov.bc.ca/Legislation

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