The Declaration is:

• "Welcoming the fact that indigenous peoples are organizing themselves for political, economic, social and cultural enhancement and in order to bring to an end all forms of discrimination and oppression wherever they occur."
• "Recognizing in particular the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child."

It Declares that:

• Article 7.2: “Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.” 
• Article 8.1: "Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture."
• Article 18: "Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions."
• Article 43: "The rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world."

Read the full Declaration

This Act provides a roadmap for the Government of Canada and Indigenous peoples to work together to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP - detailed above) based on lasting reconciliation, healing, and cooperative relations.

The preamble of the Act emphasizes: 

• "Respecting and promoting the inherent rights of all Indigenous peoples."

• "Addressing discrimination and racism, and denouncing discriminatory doctrines, policies and practices."

• "Taking into account the diversity of Indigenous peoples."

• "Basing all relations on Indigenous peoples’ inherent right to self-determination, including the right of self-government."

The Act provides a clear vision for sustained and continued efforts to uphold the human rights of Indigenous peoples now and into the future. It:

• "Affirms the rights of First Nations, Inuit and Métis peoples to exercise jurisdiction over child and family services."

• "Establishes national principles such as the best interests of the child, cultural continuity and substantive equality."

Read the full Act

Concluding observations on the combined fifth and sixth reports of Canada

B. General principles (arts. 2–3, 6 and 12)

21. The Committee urges the State party to:

Respect for the views of the child

(b) Ensure that the views of the child are a requirement for all official decision-making processes that relate to children, including custody cases, child welfare decisions, criminal justice, immigration, and the environment;

C. Civil rights and freedoms (arts. 7–8 and 13–17)

Preservation of identity

24. The Committee recalls its previous concluding observations (CRC/C/CAN/CO/3-4, para 43) and urges the State party to:

(a) Ensure full respect for the preservation of identity for all children, and to take effective measures to ensure that Indigenous children in the child welfare system are able to preserve their identity;
(b) Restore names on birth certificates where they have been illegally altered or removed;
(c) Adopt legislative and administrative measures to account for the rights, such as name, culture and language, of children belonging to minority and Indigenous
populations and ensure that the large number of children in the child welfare system receive an education on their cultural background and do not lose their identity;

D. Violence against children (arts. 19, 24 (3), 28 (2), 34, 37 (a) and 39)

Abuse and neglect

26. The Committee is seriously concerned that the child welfare system continues to fail to protect Indigenous children and adolescents from violence, and that there is no national comprehensive strategy to prevent violence against all children. While noting the 2015 findings of the Truth and Reconciliation Commission and its 94 calls to action, it is concerned
at the absence of information on measures taken to implement the calls for action.

Read the full report

• The Act states that, "In consultation and cooperation with the Indigenous peoples in British Columbia, the government must take all measures necessary to ensure the laws of British Columbia are consistent with the Declaration (the United Nations Declaration on the Rights of Indigenous Peoples - detailed above).
• It recognizes, in particular "the right of indigenous families and communities to retain shared responsibility for the upbringing, training, education and well-being of their children, consistent with the rights of the child".

It quotes UNDRIP, and the following Articles relating to child welfare:

• Article 7.2: "Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group."
• Article 22.1: "Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration."
• Article 22.2: "States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination."

Read the full Act

The purpose of the Action Plan includes addressing inequities experienced by First Nations, including the “overrepresentation of Indigenous people in the justice and child welfare systems”.

In the Action Plan, Theme 4: "Social, Cultural and Economic Well-being" outlines its:

Goal:

"Indigenous Peoples in B.C. fully enjoy and exercise their distinct rights to maintain, control, develop, protect and transmit their cultural heritage, traditional knowledge, languages, food systems, sciences and technologies. They are supported by initiatives that promote connection, development, access and improvement, as well as full participation in all aspects of B.C.’s economy. This includes particular focus on ensuring the rights of Indigenous women, youth, Elders, children, persons with disabilities and 2SLGBTQQIA+ people
are upheld."

Outcomes:

A British Columbia where:

• "Indigenous Peoples care for their own children and youth in their communities, and exercise jurisdiction over their own child and family services through systems and practices they determine for themselves, with family preservation prioritized and children and youth kept within their families and communities."

• "Indigenous children in need of protection are cared for by their community, and where they cannot be cared for by their community, they are connected to their communities and cultures."

Actions:

• 4.16: "Co-develop a B.C.-specific fiscal framework, in partnership with First Nations, Métis and Inuit, and in consultation with key Indigenous organizations, to support and move forward with jurisdiction over child and family services. (Ministry of Children and Family Development)."
• 4.17; "In collaboration with B.C. First Nations and Métis Peoples, and Inuit, continue implementing changes to substantially reduce the number of Indigenous children and youth in care through increased prevention and family support services at all stages of contact with the child welfare system. (Ministry of Children and Family Development)."
• 4.18: "As committed to in the First Nations Children and Youth in Care Protocol, co-develop and implement measures to support improved education outcomes of current and former First Nation children and youth in care, including meaningful data collection to inform policy planning and service delivery. (Ministry of Education and Child Care, Ministry of Children and Family Development, Ministry of Advanced Education and Skills Training)."

Read the full Action Plan

• The Final Report captures “how child welfare policies and criteria do not reflect Indigenous values and ways of life, operating under a “colonial structure” where the “norms” of parenting come from colonial and western perspectives, and the “discriminatory profiling of caregivers”. E.g. based on the western ideals of the 'nuclear family' and not taking into account the community approach to raising children in Indigenous culture. 
• Includes strong calls for “a preventative approach to child and family welfare services, with an aim to preserve family unity and avoid recourse to foster care interventions insofar as possible. Participants stressed the importance of providing support for the whole family, not just the children, because individual well-being is inherently connected to that of the family". 
• Refers to the child welfare system as “crisis management” and outlines specific alternative recommendations, including:

  • Increased financial assistance for families 

  • Increased funding for family welfare services in general 

  • Family healing and treatment centres 

  • Outreach services 

  • Culturally informed support and education for parents and caregivers 

Calls to Action addressed to “Social Workers and Those Implicated in Child Welfare”:

• 12.1: "We call upon all federal, provincial, and territorial governments to recognize Indigenous self-determination and inherent jurisdiction over child welfare. Indigenous governments and leaders have a positive obligation to assert jurisdiction in this area. We further assert that it is the responsibility of Indigenous governments to take a role in intervening, advocating, and supporting their members impacted by the child welfare system, even when not exercising jurisdiction to provide services through Indigenous agencies."
• 12.2: "We call upon on all governments, including Indigenous governments, to transform current child welfare systems fundamentally so that Indigenous communities have control over the design and delivery of services for their families and children. These services must be adequately funded and resourced to ensure better support for families and communities to keep children in their family homes."
• 12.3: "We call upon all governments and Indigenous organizations to develop and apply a definition of “best interests of the child” based on distinct Indigenous perspectives, world views, needs, and priorities, including the perspective of Indigenous children and youth. The primary focus and objective of all child and family services agencies must be upholding and protecting the rights of the child through ensuring the health and well-being of children, their families, and communities, and family unification and reunification."
• 12.4: "We call upon all governments to prohibit the apprehension of children on the basis of poverty and cultural bias. All governments must resolve issues of poverty, inadequate and substandard housing, and lack of financial support for families, and increase food security to ensure that Indigenous families can succeed."
• 12.5: "We call upon all levels of government for financial supports and resources to be provided so that family or community members of children of missing and murdered Indigenous women, girls, and 2SLGBTQQIA people are capable of caring for the children left behind. Further, all governments must ensure the availability and accessibility of specialized care, such as grief, loss, trauma, and other required services, for children left behind who are in care due to the murder or disappearance of their caregiver." 
• 12.6: "We call upon all governments and child welfare services to ensure that, in cases where apprehension is not avoidable, child welfare services prioritize and ensure that a family member or members, or a close community member, assumes care of Indigenous children. The caregivers should be eligible for financial supports equal to an amount that might otherwise be paid to a foster family, and will not have other government financial support or benefits removed or reduced by virtue of receiving additional financial supports for the purpose of caring for the child. This is particularly the case for children who lose their mothers to violence or to institutionalization and are left behind, needing family and belonging to heal."
• 12.8: "We call upon provincial and territorial governments and child welfare services for an immediate end to the practice of targeting and apprehending infants (hospital alerts or birth alerts) from Indigenous mothers right after they give birth."
• 12.11: "We call upon all levels of government and child welfare services for a reform of laws and obligations with respect to youth “aging out” of the system, including ensuring a complete network of support from childhood into adulthood, based on capacity and needs, which includes opportunities for education, housing, and related supports. This includes the provision of free post-secondary education for all children in care in Canada."
• 12.12: "We call upon all child and family services agencies to engage in recruitment efforts to hire and promote Indigenous staff, as well as to promote the intensive and ongoing training of social workers and child welfare staff in the following areas:

  • history of the child welfare system in the oppression and genocide of Indigenous Peoples 

  • anti-racism and anti-bias training  

  • local culture and language training 

  • sexual exploitation and trafficking training to recognize signs and develop specialized responses

• 12.13: "We call upon all governments and child welfare agencies to fully implement the Spirit Bear Plan."
• 12.14: "We call upon all child welfare agencies to establish more rigorous requirements for safety, harm-prevention, and needs-based services within group or care homes, as well as within foster situations, to prevent the recruitment of children in care into the sex industry. We also insist that governments provide appropriate care and services, over the long term, for children who have been exploited or trafficked while in care."
• 12.15: "We call upon child welfare agencies and all governments to fully investigate deaths of Indigenous youth in care."

Read Part One of the Final Report

Read Part Two of the Final Report

Premier John Horgan wrote to each Minister, outlining his expectations and mandates for them and their Ministry. These mandates include the Premier's expectation that they, and the work of their Ministry, will focus on foundational principles including:

• "Lasting and meaningful reconciliation: Reconciliation is an ongoing process and a shared responsibility for us all. The unanimous passage of the Declaration on the Rights of Indigenous Peoples Act was a significant step forward in this journey. True reconciliation will take time and ongoing commitment to work with Indigenous peoples as they move toward self-determination. Our government – and every ministry – must remain focused on creating opportunities for Indigenous peoples to be full partners in our economy and providing a clear and sustainable path for everyone to work toward lasting reconciliation."

• "Equity and anti-racism: Our province's history, identity and strength are rooted in its diverse population. Yet racialized and marginalized people face historic and present-day barriers that limit their full participation in their communities, workplaces, government and their lives. Our government has a moral and ethical responsibility to tackle systemic discrimination in all its forms – and every ministry has a role in this work. While our caucus elected a record number of women, more work remains to address gender equity. Delivering on our commitments to address racial discrimination will require a commitment by all of government to ensure increased IBPOC (Indigenous, Black and People of Colour) representation within the public service, including in government appointments. Our efforts to address systemic discrimination must also inform policy and budget decisions by reviewing all decisions through a Gender-Based Analysis Plus (GBA+) lens."

​​​Read the Mandate Letter to Honourable Murray Rankin, Minister of Indigenous Relations and Reconciliation 

Read the Mandate Letter to Honourable Mitzi Dean, Minister of Children and Family Development 

Read the Mandate Letter to Grace Lore, MLA Parliamentary Secretary for Gender Equity