A promising path is opening up for indigenous communities, particularly their children. I can only rejoice, having participated in collaborative research that illustrated the difficult relationships between Indigenous parents and the child protection system.
There An Act respecting First Nations, Inuit and Métis children, youth and families (Bill C-92) recognizes the right of Aboriginal people to determine their practices regarding child protection services. This law from the Trudeau government came into force in January 2020. The government of François Legault immediately contested it, on the grounds that it would encroach on provincial jurisdiction in matters of social services.
The Quebec Court of Appeal rejected most of this appeal. This court expressed the opinion that Ottawa is not exceeding its powers, except in two provisions of the law. On February 9, the Supreme Court of Canada declared itself of the opinion that the law is valid in its entirety.
This confirmation is timely. A report in The Press+ has already illustrated the positive effects of the autonomous youth protection model in the indigenous community of Opitciwan, in Mauricie1. The report’s findings are in line with a recent empirical study in which I participated: indigenous communities could be best placed to manage these services2.
Our small-scale study, carried out in collaboration with the Native Women’s Shelter of Montreal, highlights the limits of the statist system resulting from colonization.
We interviewed lawyers, social workers and judges who have worked with Indigenous families to get their perspectives on the Indigenous parent experience.
Our participants highlighted Indigenous parents’ poor relationships with child welfare services and youth courts. They spoke of the colonial backlash to child welfare, which generates feelings of powerlessness, shame and distrust among Indigenous parents who face it.
Feeling of defeat
Despite the potential benefits of placing children within Indigenous communities, recruiting foster families remains difficult. A social worker told us that potential foster families prefer to avoid the involvement of the Director of Youth Protection in their lives.
According to our interviews, Indigenous families who participate in the system often feel that their experiences, perspectives and needs are less taken into account than those of social workers. Mothers rarely feel confident enough to explain their point of view in court. A feeling of defeat arises from the perception that everything is decided in advance. Some parents fear that the government (or the courts) will take their child, no matter what is said in the proceedings.
Our participants also lamented the ignorance of public officials regarding indigenous family practices and the continuing harms of settler colonialism.
The recommendation we heard most often was for better training on Indigenous peoples. However, studies highlight that professional training has a limited capacity to profoundly change institutions. To what extent can training solve the problems of an underfunded and overloaded system?
Beyond the recommendations relating to the training and behavior of child protection actors, structural and fundamental changes are necessary.
The findings of our study argue in favor of a transfer of authority to indigenous communities in matters of child protection. Attempts to tinker with the state system have proven their limits. It is now urgent to empower and equip indigenous communities to manage this crucial area themselves. Fortunately, the way is open to them thanks to the Supreme Court’s decision.
1. Read “A proven model”
2. Read “Indigenous parents and child welfare: Mistrust, epistemic injustice, and training”
2. Read “Child welfare, Indigenous parents, and judicial mediation”
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reference: www.lapresse.ca