Assuming jurisdiction and control of the delivery of child welfare for its citizens under an Indigenous governance structure. Creating Indigenous child welfare legislation and establishing a resilient autonomous child welfare institution to implement its law.
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Tobique First Nation have mandated the Tobique Child and Family Services Agency Inc. (TCFSA) to act on behalf of the Tobique First Nation government in this matter. It is currently in the process of undertaking pre-development work with the intent of developing a framework to create an Indigenous Child Welfare Law. The TSFCA has engaged the services of Red Island Contractors to organize and report initiative.
The history of Indigenous child welfare law is not an overwhelmingly positive experience for Indigenous peoples. The negative aspects of Indigenous child welfare policies and procedures have been documented over the past 20 years beginning with the Royal Commissions on Aboriginal Peoples in 1996 have documented the deficiencies and produced recommendations that produced changes to the law and administrative processes. The recommendations although well-intended never received sufficient governmental support.
The assertion of inherent jurisdiction by an Indigenous nation is a complex process that requires a development strategy, often unique to a particular collective of Indigenous peoples. In Canada, the inherent jurisdiction is finding traction with numerous indigenous governments as they wrestle with wicked social problems. With respect to child welfare, the Anishinabek Nation is a committed actor to change through the assertion of inherent jurisdiction over the child welfare of its citizens. The Anishinabek Nation Child Well-Being Law (2016) is the legal instrument the Anishinabek will use to effect change. The law first, Olthuis, Kleer, Townshend LLP provided the Anishinabek Nation with legal advice concerning the development of the Anishinabek Nation Child Well-Being Law (2016), implementation, and legal matters pertaining to child welfare. The lead counsel at Olthuis, Kleer, Townshend LLP is Ms. Maggie Wente.
Maggie Wente is a partner at OKT. She is a member of Serpent River First Nation. Maggie has a broad practice serving First Nations governments, their related entities, business, and not-for-profit corporations.
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