Child protection | Another Victory for Indigenous Peoples

(Wendake) A new court decision confirms the authority of Aboriginal communities in matters of youth protection and their right to withdraw their children from the guardianship of the DYP.

Gabriel Beland
The Press

“We are staying the course. We have the right to self-determination and on that, there is no going back,” commented Thursday the Chief of the Assembly of First Nations Quebec-Labrador (AFNQL), Ghislain Picard, during a a press conference in Wendake.

The decision of the Court of Quebec is the latest to recognize the authority of Aboriginal people in this matter. The judgment rendered on September 23 confirms that the Attikamek community of Opitciwan not only has the right to manage the protection of children on its territory, but also among its off-reserve members.

In this case, it was a newborn baby taken from its mother by the Department of Youth Protection (DPJ). The community stepped in to take care of the child, even though he did not live on their territory.

“It’s another step for us. The work continues. Hoping that all off-reserve files will be repatriated to Opitciwan,” noted Opitciwan community leader Jean-Claude Mequish. “We continue to move towards self-determination,” he says.

The Opitciwan Attikamek Social Protection Act (LPSAO) came into force last January. This community became the first in Quebec, and the fourth in Canada, to adopt its own youth protection law.

The communities obtained this “area of ​​jurisdiction” in the wake of the adoption, in 2019, of Bill C92 by the federal government of Justin Trudeau. It allows Aboriginal communities that so wish to opt out of the Youth Protection Department (DYP) by adopting their own policy in this area.

The federal law aims to tackle the overrepresentation of Aboriginal children in youth protection services and is part of a reconciliation process.

In Canada, 52.2% of foster children are Indigenous, despite representing only 7.7% of all children in the country according to the 2016 census.

“There are more First Nations children in care today than at the time of the Indian residential schools,” remarks Ghislain Picard.

Arm wrestling with Quebec

But the Government of Quebec is opposed to this way of doing things. He believes that the federal government has exceeded its powers and argues that child protection falls within its jurisdiction.

Justice Minister Simon Jolin-Barrette has already said he wants to negotiate directly with communities that want these powers. In Quebec, about fifteen communities have this desire.

The case will be decided by the highest court in the land. Quebec has asked the Supreme Court to consider a judgment of the Court of Appeal last February which agreed with the Aboriginal communities.

The Ministry of Justice of Quebec had not yet indicated at the time of publication whether it intended to appeal this latest judgment which concerns Aboriginal children who live outside the community.

“The decision is subject to a 30-day right of appeal. So we will see by October 23 the intention of the parties,” said the lawyer who represented Opitciwan, Keven Ajmo. “But the current state of the law seems to favor absolute community jurisdiction over its children. »