CHILD WELFARE
CWSD HAS BEEN BUSY FOR THE 
last few years with Bill C-92 court 
decisions, education and awareness, the 
use of child and family services, and 
federal reviews; First Nations Child 
and Family Services (FNCFS) Program 
long-term reform, the rejection of the 
failed agreement in September of 2023, 
the creation of the National Children’s 
Chiefs’ Commission (NCCC), 
Canada’s refusal to negotiation on a 
national level, the Canada Human 
Rights Tribunal’s (CHRT’s) order 
2025 CHRT 80 directing parties to 
work with the NCCC; NCCC and the 
First Nations Child & Family Caring 
Society engaging with over 100 First 
Nations and organizations to put 
forward the Loving Justice National 
Plan; and the off-reserve class action 
that was taken away by the Federal 
Court and is being appealed to the 
Supreme Court of Canada. In Social 
Development, FSIN has a multi-year 
Reaching Home Project, established 
a task force and a First Nation Shelter 
Network and coordinated a specific 
Reaching Home Project aimed at 
creating a strategic plan to decrease 
First Nations homelessness. FSIN 
continues to work with AFN and 
Indigenous Services Canada (ISC) on a 
national basis for First Nations control 
of income assistance. 
An Act respecting First Nations, 
Inuit and Métis children, youth 
and families (Bill C-92)
Bill C-92 received Royal Assent on 
June 21, 2019, and came into force on 
Jan. 1, 2020. It recognizes the rights of 
Indigenous communities and groups 
to develop policies and laws governing 
child and family services based on their 
histories, cultures and circumstances. 
Bill C-92 also establishes national 
standards for a minimum level of 
service that must be provided when 
any Indigenous child receives child and 
family services, regardless of who the 
service provider is.
On Feb. 9, 2024, the Supreme Court 
of Canada unanimously upheld the 
Child Welfare and Social 
Development (CWSD) Update
constitutionality of Bill C-92. The 
ruling affirming the Inherent Rights 
of First Nations self-government and 
that First Nations are within their 
jurisdiction to create their own child 
and family service laws that hold force 
as federal law over any conflicting laws.
To date, 10 First Nations in 
Saskatchewan have formally given 
notice to the federal and provincial 
governments of their intent to exercise 
their inherent jurisdiction. Over 58 
First Nations are in the process of 
consultation and revitalizing or devel-
oping their own children and family 
services law. 
As well, under Bill C-92 and 
Saskatchewan’s Child and Family 
Service Act, First Nations have the 
right to receive notice of every child 
protection hearing involving a child 
from their First Nation, and party 
status in every child protection hearing 
involving a child from their First 
Nation. The Chief, their designate or 
Signing of the FSIN and College of Law Memorandum of Understanding at the 2023 FSIN Annual Powwow.
12  OUR PRIORITY  Issue 1  2025/26

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