First nation implementing its Family Act

Following the standard preamble of definitions in the Yukon’s Child and Family Services Act, the legislation’s guiding principles in section 2 begin:

Following the standard preamble of definitions in the Yukon’s Child and Family Services Act, the legislation’s guiding principles in section 2 begin:

“The best interests of the child shall be given paramount consideration in making decisions or taking action under this act.”

In stark contrast with the Carcross-Tagish First Nation’s (CTFN’s) Family Act, which when implemented will usurp the territorial minister’s responsibility for CTFN children’s welfare, a similar sentiment does not appear until page 74 of the 139-page document.

Nevertheless, Nina Bolton, charged with the first nation’s implementation of its Family Act, says this law strives to achieve the same.

“The safety of the child is paramount, that is the first thing we need to look at,” Bolton told the Star.

“But we have a say as to what’s going on there, and if need be, the family unit can come in together to resolve the issues.”

In cases where a home environment is deemed unsafe for children, “family members will be called upon to determine who can look after this child in a safe manner, be that for 24 hours or long term. Each case is different, none is the same,” Bolton said.

Under self-government agreements signed by the Yukon first nations, the federal and territorial governments, land claim organizations have the power to “draw down” services from the territorial government.

Among the powers first nations can opt to administer are health and social services, health care, adoption, guardianship, custody and care of children.

“That’s where CTFN has made a strong stand in this area ... to take back our power, take back what we used to be like,” explained Bolton of the impetus behind the Family Act.

“It’s a long process. Children when they’re learning how to walk, how many times have they fallen down and have to get up again?”

In the summer of 2008, the Carcross-Tagish Council passed the volunteer portion of its Family Act, and Bolton said the first nation and Yukon government remain in negotiations, “primarily on funding,” to move towards full implementation.

This came on the heels of the Yukon legislature’s passage of its Child and Family Services Act in the spring of 2008.

It was largely criticized by several first nations, including Council of Yukon First Nations Grand Chief Andy Carvill, who complained there was insufficient consultation.

But Premier Dennis Fentie called five years of consultation more than adequate and has repeatedly challenged those first nations unhappy with territorial legislation to assume such responsibility under their self-government agreements.

Instead of focusing exclusively on the child, the CTFN’s Family Act takes a different approach.

After laying out the “virtues/values” of the first nation, which include selflessness, honour, respect, courage, integrity, knowledge, compassion and honesty, the act prescribes responsibilities to all members of the community, beginning with children.

Boys should be taught to live off the land and be self-reliant, according to the Family Act, while girls should be instructed in “practical skills,” gleaned by “watching, listening and imitating what the women do.

“Girls learn how to look after and prepare food,” the act continues.

Adolescent responsibilities are next, followed by parental and those of elders, and these are arranged as such in accordance with the medicine wheel, Bolton explained.

“We want to empower our people to start taking responsibility to their families, clan and community,” Bolton said. “The stronger our community, the better off our people.”

Peppered with traditional stories and anecdotes, the CTFN’s Family Act reads more like a history than a piece of legislation. There is also some confusion over who is covered under the first nation’s new law.

Dermot Flynn, associate chief negotiator with the Yukon government’s land claims secretariat, said when the first nation creates parallel legislation, “Yukon law is ousted and replaced with first nation law.” The Yukon government has no veto power over new first nations’ legislation, he noted.

“In the case of the Family Act, that applies to (CTFN) citizens or their people,” Flynn told the Star Tuesday.

But Bolton said CTFN beneficiaries could opt to report child welfare concerns to the Yukon government and to have those concerns addressed via territorial legislation.

“If they wish to go through the YTG, then that’s their choice,” said Bolton, who was charged by the Carcross-Tagish First Nation in November to negotiate and facilitate the Family Act’s implementation.

Any continuity between the territorial government’s Child and Family Services Act and the CTFN’s Family Act appears to derive from the role of the Yukon’s Child Advocate.

Both documents defer to the advocate to assume the ultimate oversight in ensuring the rights of children in the Yukon are acknowledged and protected.

In December, Andy Nieman was appointed to serve as child advocate for the territory.

Nieman told the Star Tuesday he is mandated to do just that, “regardless of race, colour, creed, background; yes, any child can phone me.

“If a family member has a concern about another member that’s in care or they feel the child’s or youth’s rights have been violated, yes, they can contact me,” added Nieman, who officially begins his job April 1.