(Wendake) A new court decision confirms the authority of Aboriginal communities on child protection and their right to remove their children from DYP guardianship.
Posted 1:27pm Updated 5:41pm
Gabriel Beland The press
“We’re staying the course. We have the right to self-determination and there is no going back for that,” First Nations Assembly Quebec-Labrador (AFNQL) chief Ghislain Picard said during a news conference in Wendake on Thursday.
PHOTO HUGO-SÉBASTIEN AUBERT, LA PRESSE ARCHIVE
Ghislain Picard, Chair of the Assembly of First Nations Quebec-Labradors
The Quebec court’s decision is the latest to recognize Aboriginal authority on the matter. The ruling, passed on September 23, confirms that Opitciwan’s Attikamek community not only has the right to manage the protection of children on its territory, but also among its members outside the reserve.
In this case, it was a newborn baby who was taken away from its mother by the Department for the Protection of Young Persons (DPJ). The municipality intervened to take care of the child even though he did not live on their territory.
“This is another step for us. The work goes on. Hoping that all files outside the reserve will be repatriated to Opitciwan,” said Opitciwan community leader Jean-Claude Mequish. “We are moving further towards self-determination,” he says.
The Opitciwan Attikamek Social Protection Act (LPSAO) came into force last January. This municipality was the first in Quebec and the fourth in Canada to pass its own youth protection law.
Communities gained this “jurisdiction” with the federal government’s passage of Bill C92 from Justin Trudeau in 2019. It allows Indigenous communities who wish to opt out of the Youth Protection Department (DYP) by writing their own policies within it track area.
The federal law aims to tackle the over-representation of Aboriginal children in youth protection services and is part of a reconciliation process.
In Canada, 52.2% of foster children are Indigenous, although they represent only 7.7% of all children in the country according to the 2016 census.
“There are more First Nations children in boarding today than there were in Indian boarding schools,” notes Ghislain Picard.
Arm wrestling with Quebec
But the Quebec government opposes this approach. He believes the federal government has overstepped its powers and argues that child protection falls under its jurisdiction.
PHOTO EDOUARD PLANTE-FRÉCHETTE, LA PRESSE ARCHIVE
Simon Jolin-Barrette, Minister for Justice
Justice Secretary Simon Jolin-Barrette has previously said he wants to deal directly with communities that want those powers. In Quebec, about fifteen congregations have this desire.
The case will be decided by the country’s highest court. Quebec has asked the Supreme Court to consider a Court of Appeals ruling last February that agreed with Aboriginal communities.
The Quebec Department of Justice had not indicated at the time of publication if it intends to appeal this latest ruling, which affects Aboriginal children living outside the community.
“The decision is subject to a 30-day right of appeal. So we will see the intention of the parties by October 23,” said attorney representing Opitciwan, Keven Ajmo. “But the current legal situation seems to favor absolute community jurisdiction over their children. »