“I'm proud of myself. I'm happy. »
Posted at 5:00 am.
Debbie Chachai speaks quietly. She's still taming those words. 40-year-old Atikamekw has just regained parental authority over his children. She has 11, 3 are adults.
She achieved this success thanks to her progress in social services in her community since the passage of the first Atikamekw Child Protection Law.
“I never miss an appointment,” says the mother. Her husband, father of nine of her children, died a violent death six years ago. There is no doubt that Debbie has come a long way.
His daughter Saskia sits next to him. The 14-year-old girl silently watches her mother, who has agreed to speak to La Presse. His T-shirt has several family photos printed on it, including one from his parents' wedding.
In a tender gesture, the young girl, who now lives with her mother, takes her hand. “I’m proud of her too,” she whispers.
PHOTO EDOUARD PLANTE-FRÉCHETTE, LA PRESS
The teenager is proud of the path her mother has taken.
A blue November light illuminates the house of Debbie's cousin Betty-Anne Awashish, who opened her door to us. We are located in the heart of Opitciwan, in Mauricie, a remote community only accessible via hundreds of kilometers of forest roads.
You must leave the area before dark to ensure good visibility. It is also better to rely on a radio that announces every kilometer and prepares for the arrival of trucks loaded with wood on a tight curve.
This is the daily life of the approximately 2,500 Atikamekw in the community, who are used to spending hours seeking medical attention, consulting a specialist or even shopping for groceries. No wonder local authorities are concerned about the pursuit of greater autonomy.
Two years ago, Opitciwan became the first municipality in Quebec to have full control of its child protection services. The Atikamekw Council of Opitciwan passed its own law to break away from the Directorate of Youth Protection (DPJ).
This move toward self-determination was made possible by the recent federal Bill C-92, which recognizes First Nations responsibilities in matters of child and family services.
In their opinion, the Legault government is contesting its constitutionality because it is encroaching on its jurisdiction.
After being partially rejected in the Court of Appeal, Quebec's attorney general appealed to the Supreme Court in March. The country's highest court is expected to decide the matter in early 2024.
And decide through the band the future of the Atikamekw model (see other text).
“It worries us all,” admits Nadine Petiquay, Atikamekw’s head of social protection, at a meeting in her offices.
The Opitciwan Atikamekw Social Protection Law (LPSAO) is already having an impact: for 0 to 4 year olds alone, the placement rate has fallen by almost 10% since 2022. There were also “almost no” placements outside the community.
The children are housed 100% in Atikamekw host families, where they can speak their native language and maintain their culture, explains Ms. Petiquay. Before the LPSAO came into effect, this rate was around 60%. “The children feel more listened to and respected,” she says.
PHOTO EDOUARD PLANTE-FRÉCHETTE, LA PRESS
Nadine Petiquay, Director of Atikamekw Social Protection in Opitciwan
The child's interests and maintaining the Atikamekw culture. These were mainly our reference points [lors de l’élaboration de la loi].
Nadine Petiquay, Director of Atikamekw Social Protection in Opitciwan
At least a hundred cases were also redirected following their repatriation in accordance with local law. The new model does not provide for any legal recourse. If the parents refuse to cooperate, the matter will be referred to the Atikamekw Arbitration Council. It hasn't happened yet.
“People are less reserved and less fearful than before because we were seen as DPJ. We were under his leadership. We had to apply the CIUSSS statements, which was sometimes confusing,” recalls Ms. Petiquay.
Child protection in Opitciwan in numbers
290
Number of Atikamekw children covered by the LPSAO
53
Number of employees of the Opitciwan Child Protection Service, of which 37 are indigenous
90
Number of indigenous host families, of which 20 are in urban areas
Source: Atikamekw Council of Opitciwan
Family time
PHOTO EDOUARD PLANTE-FRÉCHETTE, LA PRESS
Debbie's cousin Betty-Anne Awashish (right) looks after one of her daughters.
In Debbie's case, none of her children are no longer under the protection of the DPJ. The Atikamekw social security agency is now taking care of five of them. She says she can see them much more often. One of her daughters has also been living with her cousin for several years.
“There was no contact with the former DPJ unless it was planned according to a schedule,” says Betty-Anne. “With the Atikamekw law, it is easier to have visits and even ‘sleep’ at home,” adds Debbie, sitting at the kitchen table.
This helped her in her recovery.
The approach is actually different, assures Nadine Petiquay. No contact orders do not “exist” in Aboriginal law, with rare exceptions.
“We see the difference. Families are more motivated,” she assures.
In the case of sexual abuse, the Director of Social Protection in the Atikamekw Law retains responsibility for the application of the “multi-sectoral agreement for children who are victims of sexual abuse, physical abuse or lack of care that endangers their physical health” of the Quebec government, which in particular provides for police investigation mechanisms.
“We will also try to place the child within the extended family rather than completely uprooting him,” explains Ms Petiquay. “We have already had a few cases and have been able to keep the child in their environment, either with a parent, an uncle or an aunt. Through it all, they know that we are by their side throughout the entire process [d’enquête] “, she emphasizes. We ensure the presence of an interpreter and also accompany relatives.
PHOTO EDOUARD PLANTE-FRÉCHETTE, LA PRESS
Lisa Ellington, researcher and assistant professor at Laval University's School of Social Work and Criminology
Lisa Ellington, researcher and assistant professor at Laval University's School of Social Work and Criminology, documents the impact of the LPSAO since its enactment in January 2022.
“The law is based on the involvement and active participation of families and allows the child to express his or her point of view,” she says. “Safety is important, there is no contact if the child is in danger, but if that is not the case, everything is done to ensure that relationships continue,” adds the researcher.
According to her, one of the “great strengths of the model” is its ability to centralize intervention requests in a single window.
So a parent who needs help will follow the same path as a loved one who wants to file a report. In addition, the term “notification” has been replaced by the term “service request”. The file is then continued in the direction of prevention or protection (see other text).
Now one in two requests for help (52%) are directed at prevention services, for example if a parent is in a situation of domestic violence or abuse or if they suffer from mental health or excessive drinking problems.
Before the Atikamekw Law came into force, these reasons, which were considered “risk of negligence,” accounted for more than a quarter (27%) of reports to the DPJ.
“In the medium or long term, my impression is that there will probably be fewer and fewer cases reported, but perhaps more and more requests for help from prevention services because they become better known and people are less suspicious,” says Ms Ellington.
Reasons for intervention since the Atikamekw law came into force
- Serious neglect (when the child does not receive the care necessary for his or her physical and mental health): 28%
- Sexual assault: 22%
- Behavioral problems in adolescents: 15%
Source: Atikamekw Council of Opitciwan
“Around the child”
PHOTO EDOUARD PLANTE-FRÉCHETTE, LA PRESS
Maxime Dubé is a prevention worker.
Maxime Dubé is a prevention worker. For two years he has said he has felt the positive effects of the new law.
“It was always the same. [La DPJ] The environment was not taken into account. “It was just the parents and we completely ignored the family environment, which still plays an important role,” he explains.
“Now it’s based on the family unit. We take into account what grandparents can offer. They know their history, the problems, they intervene. They are there,” he explains.
Customary adoption is also included in the new law. This practice, specific to First Nations, has also been recognized in the Civil Code of Quebec since 2018.
Mr. Dubé points out that due to the isolated nature of the community, the population still speaks a lot of Atikamekw. “ [Les parents] When they are caught speaking French, they search for their words. And when they talk about something stressful, they speak more fluently Atikamekw,” says the speaker. He also sees an impact on the child: “Since we are Atikamekw, it calms him down,” he says.
One of the special features of the model is the participation of a “family council” in decision-making, which is composed of people important to the child. “We bring people together around the child,” explains Nadine Petiquay. “If the parents need a break, we can find it in the family [quelqu’un pour accueillir les enfants] without there being any question of placement of the child,” adds the Director of Social Protection Atikamekw.
Hope for the future
PHOTO EDOUARD PLANTE-FRÉCHETTE, LA PRESS
Debbie Chachai struggles with addiction and has been sober for three years now.
Back to Betty-Anne's house. Debbie pours herself some hot coffee. “My new drug,” she jokes.
“I’ve been sober for three years,” Atikamekw then explains. Debbie still remembers the day the DPJ came into her life about fifteen years ago. She and her late husband struggled with drug problems. A winding path followed.
The horizon has brightened recently. She gives us a letter that she received the same day. This is a response from the Opitciwan Atikamekw Council informing them that their application for housing is under consideration. “It’s the first time before there was a cancellation,” she admits.
Today she speaks “to tell others to keep hope.” And for the future she would like “a bigger house” to accommodate her 11 children.
PHOTO EDOUARD PLANTE-FRÉCHETTE, LA PRESS
The Atikamekw community of Opitciwan has just over 3,200 members.
Opitciwan in numbers
Population: 3,216 members, including 621 off-reserve residents*
*Number adjusted to account for under-enrollment of young children. Data provided by Atikamekw Council of Opitciwan, 2018.
Average age: 22 years
35% of the population is between 0 and 14 years old.
61% of the population is between 15 and 64 years old
4% of the population is 65 years and older
Active population (over 15 years): 43.4%
An average of 6.3 people per accommodation
80 to 100 people are “permanently” on the waiting list to gain access to new housing
Sources: Statistics Canada (2016) and Conseil des Atikamekw d'Opitciwan (2018)