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Indigenous Child & Family Directors: Bill 38 is a scrambled response

BC’s Indigenous Child and Family Services Directors recognize that Bill 38 advances British Columbia’s commitment to the United Nations Declaration On Indigenous People and Canada’s commitment to Indigenous Nations exercising their inherent right over Child and Family well-being services.

However, Bill 38 is a scrambled response that fails to realize the declared intentions of Bill 38. This Act could have aligned with the goals of UNDRIP by:

  • Centering BC’s commitment to end discrimination and build culturally-based wellbeing for Indigenous children, youth and families within the principles that guide the interpretation of the Act;
  • Recognizing that Indigenous Laws flow from the inherent jurisdiction of Indigenous peoples and are paramount;
  • Providing the newly created Indigenous Director of Child Welfare with the authorities needed to serve the best interests of Indigenous children, youth, and families

We understand that these amendments are one step in an iterative process, however we expected more for our children.

The Indigenous Child and Family Services Directors are committed to working together to ensure that the principle of substantive equality is incorporated and upheld, and the true spirit of UNDRIP is reflected.

For further information visit: https://ourchildrenourway.ca/indigenous-self-government-in-child-and-family-services-amendment-act/