MUSKOWEKWAN LAW

Plain Speak Additions:

This law is organized into different parts called sections.

This first section introduces the law and its purpose.

The law confirms that Muskowekwan has the inherent right and

responsibility to care for the children and families of Muskowekwan

Nation. Writing this down into law is the way that Muskowekwan will

assert this right and be better able to carry out this responsibility to

children and families of Muskowekwan. Writing the law and approving

it through Muskowekwan’s traditional ways of validation will

strengthen the meaning of the Law, and make it paramount to

provincial, federal, and other Nation Laws. This means that your Law

will stand first in line of authority, over federal and provincial laws

regarding child and family services for Muskowekwan

DECLARATION

Plain Speak addition to Declaration section:

A declaration is a common feature of many written Indigenous

Constitutional or Legal documents. It is like a “preamble” but is much

more important than a preamble. A declaration is a declaration to the

world of what the document stands for.

A declaration could speak to our history as a people, our values and

culture, what makes us distinct, and what our hopes and aspirations

are for the future.

In the case of the Muskowekwan Law, the declaration might speak to

the purpose in making this Law, that we are taking back jurisdiction

and responsibility for our children and family well-being

SECTION ONE: PREAMBLE

////////////////////// ANISHINAABE/////////////////////////

Sovereignty protects our ways, as given to us by our Creator

(Change to Anishinaabe)

Elders maintain that the Creator gave us sovereign title, collective possession and

ownership of lands and territories.In accordance with the Convention1, governments

are to ensure that all children are given equal opportunities with other children to survive,

develop and be protected and that the best interests and opinions of the children are taken

into account in decision-making affecting them.

The Convention on the Rights of the Child is the first international human rights Treaty,

or agreement, to clearly address the Rights of Indigenous Children. As with all children,

Indigenous children have the general right to education, health, to be registered at birth

and to be protected from violence, abuse and exploitation.

Due to Indigenous peoples’ unique cultures and histories, Indigenous children have the

right to learn, use and practice their own language, customs and religions together with

other members of their community. The Convention2 states that governments should

ensure that Indigenous children have access to information that is relevant and important

to their wellbeing. The media, such as television, radio stations and newspapers, should

be encouraged to provide this information in Indigenous languages. The Convention

further states that education should help all children learn to respect the cultural identities

of others. This means that Indigenous and non-Indigenous children should have opportunities

to learn, appreciate and respect each other’s cultures.

Children are gifts from our Creator. Children are seen as our own.
Muskowekwan First Nation exercises its inherent sovereign jurisdiction over
Child and Youth well-being involving our Children and Youth regardless of
residency. This law is an exercise of our inherent jurisdiction to repatriate our
Treaty Children and Youth.
In this Law, Muskowekwan First Nation advances and protects the Treaty
rights of its First Nation families: Elders, citizens, Children, Youth, and
future Children.

1 Convention on the Rights of the Child

2 Comment No. 11

SECTION TWO: DEFINITIONS

Plain Speak insert: The definitions section will assist in ensuring

common understanding, determined by Muskowekwan First Nation, of

what the meaning is for the defined words used in this Law.

Abuse means neglect or emotional, psychological, physical, spiritual or sexual abuse

Authorized Person means a person authorized by the Children’s Commissioner under

this law

Child means a person who is or, in the absence of evidence to the contrary, appears to be

under the age of eighteen (18) years

Child/Youth Care Facility means a Child/Youth Care Facility approved by the

Children’s Commissioner under this Law

Child/Youth Protection Worker means a Child/Youth Protection Worker appointed by

the “Children’s Commissioner” under this Law

Child/Youth Prevention Worker means a Child/Youth Prevention Worker appointed by

the “Children’s Commissioner” under this Law

Children’s Commissioner means the person appointed by the Muskowekwan First

Nation Chief & Council in Assembly pursuant to this Law

Council means the elected Council of Muskowekwan First Nation

Court means a court of competent jurisdiction as established by Muskowekwan First

Nation

Custom Adoption is an arrangement through ceremony between two families who agree

to raise the Child/Youth as referenced in Muskowekwan Law

Extended Kinship is an arrangement through ceremony between two families who agree

to raise the Child/Youth as referenced in Muskowekwan Law

Family means the Parents/Guardians, siblings, aunts, uncles and grandparents of a

person, including members of the person’s maternal/paternal ancestry, extended family,

community, primary, secondary, and adopted family

Investigation Report means an investigation report required under this Law

Custom Care Home means a Custom Care Home approved by the “Children’s

Commissioner” under this Law

Muskowekwan Family Services Society means the body that is incorporated for

purpose of administering this Law and delivering child and family services to

Muskowekwan children, youth, and families pursuant to this Law

Muskowekwan First Nation means

Muskowekwan First Nation Citizen means

(need to address member/citizen distinction)

Muskowekwan Restorative Justice Circle means a justice circle dealing with families,

Child and Youth in protection, prevention, and plan of care agreements

Parent/Guardian is a person who is:

a) the primary caregiver of the Child/Youth

b) a person who is a biological parent of the Child/Youth

Parent/Grandparent/Extended Family includes a person who has

lawful custody of a Child/Youth, other than the Children Commissioner

Plan of Care Agreement means a Plan of Care Agreement made by a Child/Youth

Protection Worker, Prevention Worker, or other party authorized under this Law

The Plan of Care Committee means a committee that will review and approve all Plan

of Care Agreements established by a Child/Youth Protection Worker/Prevention Worker

under this Law

Post Majority Supports Services means support that meets the distinct needs of

Muskowekwan youth and young adults that promotes and supports holistic positive

outcomes for them

Taken In means a Child/Youth as a last resort has been removed from the care of his or

her parent(s)/guardian(s) under this Law

Muskowekwan First Nation Citizen means a citizen who is registered to the

Muskowekwan First Nation

Muskowekwan Family Advocate means a person appointed by Muskowekwan Chief

and Council to advocate for families who may experience or require assistance of an

advocate when dealing with prevention services, Child or Youth protection concerns, to

achieve equitable decisions in their lives. The family advocate will receive information or

may be a representative for families, Children, or Youth who feel they are not properly

receiving services from the Muskowekwan Family Services Society

Nation Standards means Nation standards established under this Law by Muskowekwan

First Nation Elders

Nation Trustee means a person appointed by Muskowekwan Chief and Council to act as

a trustee with the legal responsibility to look after the affairs of a trust on behalf of a

youth and/or young adult with an intellectual or physical disability

Elders means knowledge keeper of the Muskowekwan First Nation

SECTION THREE: JURISDICTION

Plain speak insert: Historically we know that the Government of Canada presumed that it had the authority over

First Nation children and families. It also assumed that it could then give that authority over to the provinces,

when it gave provinces the authority to create laws that applied to First Nation children and families.

We know though that as First Nations we did not cede or surrender our pre-existing inherent rights to take care of,

and determine the ways to look after our children and families. These are part of our inherent and continuing rights, our jurisdiction

and authority. This section declares that Muskowekwan is taking back that jurisdiction and authority,

as reflected in the Muskowekwan Law. Taking back jurisdiction means that Saskatchewan, and Canadian

laws, no longer have the power and control over Muskowekwan children. Muskowekwan will have jurisdiction,

not Canada and not the province.

We are Treaty people, our Treaties are our Laws prior to any other

law. It is because of Treaty that Canada exists

3.1 Children are gifts

3.2 The Creator gave the Anishinaabe seven sacred gifts to guide them. They are:

Zaagidwin, Debwewin, Mnaadendmowin, Nbwaakaawin, Dbaadendiziwin,

Gwekwaadziwin miinwa Aakedhewin. (Love, Truth, Respect, Wisdom, Humility,

Honesty and Bravery).

3.3 Muskowekwan First Nation exercises its inherent sovereign jurisdiction over

Child/Youth well-being involving our Child/Youth regardless of residency. This

law is an exercise of our jurisdiction to repatriate our Treaty Children and Youth.

3.4 In this Declaration, Muskowekwan First Nation advances and protects the Treaty

rights of its families: Elders, Citizens, Youth, Children and future Children.

3.5 Wherever there is a conflict of law; federal, provincial, municipal, or another First

Nation Muskowekwan Law is paramount.

3.6 Any proceedings commenced but not fully disposed of under The Child and

Family Services Act (Saskatchewan), after the coming into force of the

Muskowekwan Law shall be subject to this Law.

3.7 After the coming into force of the Muskowekwan Law the court has no

jurisdiction to consider any application or make any order pursuant to the Child

and Family Services Act (Saskatchewan) in relation to a Muskowekwan

Child/Young Person without the consent of the Children’s Commissioner.

3.8 After the coming into force of the Muskowekwan Law all decisions concerning

guardianship of a Muskowekwan Child/Young Person where that Child/Young

Person has involvement with the Muskowekwan Family Services Society must be

determined in accordance with the Muskowekwan Law.

3.9 This Muskowekwan Law shall have application in international law.

SECTION FOUR: PURPOSE OF LAW

Plain speak insert: Section Four summarizes the purpose for creating this Law, which is to support Muskowekwan children

and families to maintain safety andwellbeing, preventing challenges from becoming a crisis, protection when things

are too challenging, managing adoptions, and ensuring placements meet Muskowekwan needs. By law, this must always

be done in ways that maintain Anishnabek ways of knowing and being. This section also declares that Muskowekwan will organize

the way Muskowekwan will work together to deliver child and family services pursuant to its own laws.This section also identifies that if other

Nations want to use this law in their Nation, Muskowekwan will structure a way to consider such requests.

4.1 The objects of this Law are to:

A. Ensure the safety and wellbeing of our Child/Youth, Families and First Nation

B. Acknowledge and respect the primary role of Parents/Guardians, Families and

the Nation safe-guarding and promoting the wellbeing of our Children/Youth;

C. Preventative support for Parents/Guardians, Families and Citizens in

safeguarding and promoting the wellbeing of our Children/Youth

D. Provide for the protection and care of our Children/Youth in circumstances

where their Parent/Guardian have not given, or are unlikely or unable to give

that protection and care;

E. Ensure that Muskowekwan First Nation’s traditions, culture, values and

language are maintained;

F. Ensure custom adoptions only occur with the approval of the Muskowekwan

First Nation through Chief and Council, Muskowekwan Law, Muskowekwan

Justice Committee of a Child/Youth; (Adopted through cultural protocol).

G. Establish the legislative framework for:

i. The structure of the Muskowekwan New Society;

ii. Protocol agreements with other Nation(s) for implementation of this

Law in their Nation(s); and

iii. Licensing of Muskowekwan New Society Customary care homes.

SECTION FIVE: PRINCIPLES GOVERNING THIS LAW

Plain speak insert: This section means that Muskowekwan staff, leadership and decision-makers will carry out this Law.

When actions are taken and decisions are made, each principle listed in this section must guide actions being considered

5.1 This Law will be administered and interpreted in accordance with the following

principles:

A. The Parent/Guardian, and Family of a Child/Youth have the primary role in

safeguarding and promoting the Child/Youth’s well-being;

B. The preferred way of safeguarding and promoting a Child/Youth’s well-being

is to support the Child/Youth’s Parent/Guardian, Family and Citizens in the

care of the Child/Youth;

C. Children/Youth, Parents/Guardians, Families and Citizens are entitled to

receive services in a manner that respects their traditions, culture, values and

language;

D. Every Child/Youth must be cared for and protected from harm;

E. Every Child/Youth has a right to live in an environment free from violence

and abuse3;

F. Every Child/Youth is entitled to stable, secure and safe relationships and

living arrangements;

G. Intervention action will be taken only in circumstances where there is no other

reasonable way to safeguard and promote the Child/Youth’s well-being;

H. Intervention action should, as far as possible, promote Family and Nation

integrity and continuity;

I. If a Child/Youth is removed from the Child/Youth’s Family then, so far as is

consistent with the Child/Youth’s best interests, the Child/Youth must be

given encouragement and support in maintaining contact with the

Child/Youth’s Parent/Guardian, siblings and other relatives and with any other

people who are significant in the Child/Youth’s life;

J. If a Child/Youth is removed from the Child/Youth’s Family then, so far as is

consistent with the Child/Youth’s best interests, planning for the

Child/Youth’s care must occur as soon as possible in order to ensure long-

term stability for the Child/Youth and must promote the early reunification of

the Child/Youth with the Family;

K. Children/Youth removed from their Family will be provided with a level of

care adequate to meet their needs and consistent with Nation Standards;

L. Decisions about a Child/Youth should be made promptly having regard to the

age, characteristics, circumstances and needs of the Child/Youth and there

must be no unreasonable delay in carrying out a decision affecting a

Child/Youth;

M. Decisions about a Child/Youth must be consistent with traditions, culture,

values and language relevant to the Child/Youth;

N. A Child/Youth’s Parent/Guardian and any other people who are significant in

the Child/Youth’s life will be given an opportunity and assistance to

participate in a Plan of Care Agreement under this Law that are likely to have

a significant impact on the Child/Youth’s life; and,

O. Traditions, culture, values and language are included within the concept of the

“best interests” of the Child/Youth, and Muskowekwan New Society under

the Muskowekwan Law are compelled to respect Muskowekwan First Nation

cultural and linguistic traditions of the families and Children/Youth they

serve.

3 UN Declaration on the Rights of Indigenous Peoples Article 22

SECTION SIX: ROLE OF FAMILY – “EACH CHILD IS A GIFT”

Plain speak insert: Section Six is a reminder that children and youth are a gift from God,

and that they carry their family with them. It describes how decisions are made with an understanding that caregivers and parents have the

primary responsibility for their children and youth.

The aim is always to protect the family as a group and to support contact as much as possible when family cannot be together.

It also recognizes the role of the Muskowekwan Family Services Society in delivering services and providing supports

to family when children and youth need help to stay safe and helping them to succeed. This section describes things that will

be considered when making decisions.

This section of the law also recognizes the importance of including the voice of the children and youth.

6.1 The Family of a Child/Youth has the primary responsibility for safeguarding and

promoting the wellbeing of the Child/Youth.

6.2 In fulfilling that responsibility, the Family will take the necessary steps to ensure

the best interests of the Child/Youth are met.

6.3 In fulfilling that responsibility, the Family may bring up the Child/Youth in their

tradition, culture, values and language and kinship in the Child/Youth the

traditions, culture, values and language the Family chooses.

6.4 A Child/Youth may be Taken In only if there is no other reasonable way to

safeguard and promote the wellbeing of the Child/Youth.

6.5 As far as practicable, and consistent with the best interests of the Child/Youth, if

an Child/Youth is Taken In:

A. Contact between the Child/Youth and his or her Family must be encouraged

and supported; and

B. The Child/Youth should eventually be returned to his or her Family with a

safety plan in place.

Treating each Child/Youth with Respect

6.6 Each Child/Youth is a valued member of his or her Family and Muskowekwan

First Nation and is entitled to be treated in a way that respects the Child/Youth’s

dignity and privacy.

6.7 Decisions involving a Child/Youth should be made:

A. Promptly having regard to the Child/Youth's age, characteristics,

circumstances and needs;

B. In a way that is consistent with the traditions, culture and values relevant to

the Child/Youth; and

C. With the informed participation of the Child/Youth, the Child/Youth’'s Family

and other people who are significant in the Child/Youth’s life4.

Best Interests of the Child/Youth

6.8 Every Child/Youth has an inherent and basic right to:

A. Healthy food, water, shelter, clothing and health care;

B. Be protected and supervised to assure their safety and health; and

C. Receive nurturing, appropriate Muskowekwan Anishinaabe/cultural teachings

and quality education.

6.9 Where there is a reference in this Law to the best interests of a Child/Youth, all

relevant factors must be taken into consideration in determining the best interests

of a Child/Youth including the following factors, with a recognition that

Muskowekwan Anishinaabe/Anishinabek traditions, culture, values and language

must be respected in making that determination:

A. The need to protect the Child/Youth from harm and abuse;

B. The capacity of the Child/Youth’s Parent/Guardian to protect the Child/Youth

from harm and Abuse;

C. The Child/Youth’s physical, emotional, intellectual, spiritual, developmental

and educational needs and the appropriate care or treatment to meet those

needs;

D. The capacity of the Child/Youth’s Parent/Guardian, or of any other person, to

provide for the Child/Youth’s needs;

E. The Child/Youth’s traditions, culture, values, language and spiritual

upbringing and family ties;

F. The nature of the Child/Youth’s relationship with the Child/Youth’s

Parent/Guardian, siblings and other relatives and with any other people who

are significant in the Child/Youth’s life and wellbeing;

G. The attitude, behaviors, and actions demonstrated by the Child/Youth’s

Parent/Guardian to the Child/Youth, and to parental responsibility;

H. The risk that the Child/Youth may suffer harm through being removed from,

kept away from, returned to, or allowed to remain in, the care of a

Parent/Guardian;

I. The merits of any proposed plan of care for the Child/Youth;

J. The effects on the Child/Youth of a delay in making a decision;

K. The capacity and willingness of the Child/Youth’s Parent/Guardian or

extended Family to care for the Child/Youth;

L. Any wishes or views expressed by the Child/Youth, having regard to the

Child/Youth’s age and level of understanding in determining the weight to be

given to those wishes or views;

M. The importance of continuity and stability in the Child/Youth’s living

arrangements and the likely effect on the Child/Youth of disruption of those

living arrangements, including separation from:

i. The Child/Youth’s Parent/Guardian; or

ii. A sibling or Inawemaagan of the Child/Youth; or

iii. A caregiver or any other person with whom the Child/Youth is, or has

recently been, living; or

iv. Any other person who is significant in the Child/Youth’s life;

N. Respect for and recognition of priority placement and order of care based on

Muskowekwan Inawemaagan traditions;

O. The need for the Child/Youth to maintain contact with the Child/Youth’s

Parent/Guardian, siblings and other relatives and with any other people who

are significant in the Child/Youth’s life;

P. The Child/Youth’s age, intellectual capacity and maturity, sex, sexuality,

background and language;

Q. The Child/Youth’s traditions, culture, values and language, including any

need to maintain a connection with the traditions, culture, values and language

of the Muskowekwan First Nation/ Treaty No. 4 Territory to be taken into

account in determining what is in the best interests of a Child/Youth.

The Best Interest factors set out in this section will be interpreted in accordance with

Muskowekwan First Nation’s customs and traditions exercising paramountcy.

4 Convention on the Rights of the Child

Plain speak insert: Section seven describes how children and youth will be involved when the Society is making decisions about them.

7.1 When a decision involving an Child/Youth is made, the Child/Youth:

A. Should be given information and explanation in a way that the Child/Youth

can understand; section above on the best interests of a Child/Youth does not

limit the matters that may impact their life;

B. Should be given the opportunity to participate in the decision-making and to

respond to the decision;

C. Should be given the opportunity to express their wishes and views freely;

D. Should be given adequate assistance in expressing clearly and accurately those

wishes and views; and

E. Those wishes and views should be taken into account, having regard to the

Child/Youth’s maturity and understanding.

SECTION SEVEN: CHILD/YOUTH PARTICIPATION IN DECISION-MAKING

Plain speak insert: There are services listed in section eight that will be available to support the health and well-being of Muskowekwan families.

Services will be offered through agreements with parents and guardians of children and youth and Muskowekwan Family Services Society.

Voluntary supports are intended to help keep families together, by providing supports to families to help prevent the need for more intrusive involvement

8.1 Voluntary Support Services and Agreements

A. The Muskowekwan New Society may enter into a written agreement with a

Parent/Guardian of an Child/Youth to provide programs and services or to

assist others in providing programs and services, or to assist that

Parent/Guardian in obtaining programs and services, to support and assist the

Parent/Guardian in the care of an Child/Youth.

B. Requesting or accessing voluntary support services will be assessed as a

positive activity in any legal decisions concerning the Child/Youth for whom

support is sought.

8.2 Voluntary Support Services

The voluntary services to support and assist a Parent/Guardian may include:

A. Elders cultural support & guidance;

B. Professional counselling;

C. In-home support;

D. Prenatal care;

E. Respite care;

F. Parenting programs, based on Muskowekwan traditions and cultural practices

regarding parenting;

G. Services for improving the Family's financial situation;

H. Services for improving the Family's housing;

I. Drug or alcohol treatment and rehabilitation;

J. Mediation of disputes;

K. Services to assist the family to deal with the illness of a Child/Youth or a family

member; and

L. Any other services agreed to by the Muskowekwan Family Services Society in the

raising of Child/Youth.

8.3 Term of Voluntary Services Agreement

The initial term of a voluntary services agreement must not exceed six months, and an

agreement may be extended for one or more terms not exceeding six months each.

SECTION EIGHT: VOLUNTARY SUPPORT SERVICES

Plain speak insert: Sometimes prevention measures are not enough to keep children and families safe. This is when protection action is required.

This section addresses that if a Muskowekwan child needs protection, Muskowekwan Family Services Society must provide support to them. This section also describes when children/youth need protection.

We understand our people best, and our Nation’s distinct ways of knowing and being will be considered when determining if our children/youth need protection.

9.1 Interpretation

The section below describing when a Child/Youth needs protection will be interpreted

with a recognition that differing, but relevant traditions, culture, values and language

must be respected and in accordance with Muskowekwan First Nation customs and

traditions paramountcy.

9.2 Child/Youth Who Needs Protection

A Child/Youth needs protection where:

A. The Child/Youth has suffered or is at risk of suffering physical, mental,

emotional, psychological harm inflicted by the Child/Youth’s’

Parent/Grandparent/Kinship/Extended Family or caused by the Parent/Guardian’s

unwillingness or inability to care and provide for or supervise and protect the

Child/Youth adequately;

B. The Child/Youth has not been provided with the necessities of life being shelter,

food, medical care, mental health care, dental care or education if not immediately

remedied, and could seriously impair the Child/Youth’s growth or development,

or result in permanent injury or death;

C.[B.] The Child/Youth has been or is at risk of being abuse of a sexual nature by the

Child/Youth’s Parent/Guardian or by another person where the Child/Youth’

Parent/Guardian knew or should have known of the possibility of abuse of a

sexual nature and was unwilling or unable to protect the Child/Youth;

D.[C.] The Child/Youth has demonstrated severe anxiety, depression, withdrawal,

self-destructive behaviour, or aggressive behaviour towards others or any other

severe behaviour that is consistent with the Child/Youth having suffered

emotional harm or at risk of suffering emotional harm, and the Child/Youth’s

Parent/Guardian does not provide, or refuses or is unavailable or unable to

consent to the provision of services, treatment or healing processes to remedy or

alleviate the harm;

E.[D.] The Child/Youth’s health or emotional or mental wellbeing has been harmed

or is at risk of being harmed by the Child/Youth’s use of alcohol, drugs, solvents

or similar substances and the Child/Youth’s Parent/Guardian is unavailable,

unable or unwilling to properly care for the Child/Youth;

F.[E.] The Child/Youth has been abandoned or orphaned without adequate provision

for the Child/Youth’s care or custody, and the extended family has not made

adequate provision for the Child/Youth’s care or custody or the Parent/Guardian

is unwilling or unable to provide care for the Child/Youth. In this part

“orphaned” means the parents and any customary caregiver has deceased without

leaving directions for care or custody of the Child/Youth

SECTION NINE: CHILD/YOUTH IN NEED OF PROTECTION

Plain speak insert: All children/youth of Muskowekwan have the right to be safe and to be kept from harm. Anyone who has a safety concern for a child/youth

must report the concern to Muskowekwan Family Services Society or the RCMP if a worker with the Society cannot be immediately contacted.

10.1 Duty to Report

A person who has information that a Child/Youth is in need of protection will, without

delay, report the matter;

A. To a Child/Youth Protection Worker; or

B. If a Child/Youth Protection Worker is not available, to the RCMP or an

Authorized Person.

10.2 Confidentiality and Privilege

Plain speak insert:

People reporting a safety concern for a Muskowekwan child/youth do

not have to give their name. If they do provide their name, or they are

known to the staff member receiving the report, Muskowekwan New

Society will not, and does not have to, share the reporting person’s

information.

The duty to report applies even where the information reported is confidential or

privileged. The person who reports that a Child/Youth is in need of protection may

remain anonymous. Muskowekwan Family Services Society is not obligated to release

the name of the person who provided the report.

10.3 Civil liability

Plain speak insert:

If the report does not result in a safety concern, persons who report

the concern are not punished, unless the report was done in a mean-

manner to cause a disturbance to the child/youth/family.

No action will be commenced against a person for reporting information in accordance

with the duty to report unless it is done maliciously.

10.4 Solicitor and client privilege

The duty to report revokes any privilege that may exist between a solicitor and the

solicitor's client.

10.5 Offence and Punishment

Every person who fails to report a Child/Youth in need of protection shall be subject to

the Nation’s strictly enforced measures

10.6 Procedures to Assessment and Investigation Reports

The procedures for assessing the need for protection and for investigations shall be

established by regulation under this Law.

Plain speak insert:

This diagram is inserted for purpose of the Plain Speak only. It will

not appear in the final version of the Law, but will be retained for

public information purposes.

10.7 Action Where a Need for Protection Exist

Plain Speak insert:

Sections 10.7-10.19 describe how Muskowekwan will provide protection where it has been determined that a child/youth needs

protection. There are specific timelines for the steps pictured for these pathways, in the above chart.

Where it is determined that there are reasonable grounds to believe that the Child/Youth

needs protection or the Child/Youth’s health or safety is in danger, the Child/Youth

Protection Worker, RCMP Police Service or Authorized Person:

A. May Take In the Child/Youth under this Law;

B. May offer voluntary support services to the Parent/Guardian without entering into

an agreement under section 12 until a Plan of Care Agreement commences or any

process is commenced before the Muskowekwan Restorative Justice Circle;

C. Will make every effort with the Family of the Child/Youth to arrange customary

care according to Muskowekwan First Nation’s traditions, culture, values and

standards where the Child/Youth will be placed in the care and supervision of a

person other than the Parent/Guardian who has immediate care of the

Child/Youth; and

D. Will within ten (10) days after the report is made or the matter is referred and

where no customary care arrangement has been put in place, establish a Plan of

Care, whether or not the Child/Youth has been Taken In.

10.8 Referral to Child/Youth Protection Worker

Where a Child/Youth has been Taken In by Police or any Authorized Person, such

authority will, without delay, notify a Child/Youth Protection Worker of the Taking In

and refer the matter to the Child/Youth Protection Worker.

10.9 Action following Taking In Child/Youth- Protocol

Where a Child/Youth Protection Worker Takes In a Child/Youth under this Law or a

matter is referred to the Child/Youth Protection Worker under this Law, the Child/Youth

Protection Worker:

A. Will investigate the Child/Youth’s need for protection;

B. May offer voluntary support services to the Parent/Guardian without entering into

an agreement under section 12 until a Plan of Care Agreement commences;

C. Will make every effort with the Family of the Child/Youth to arrange customary

care according to the Muskowekwan First Nation customs and standards where

the Child/Youth will be placed in the care and supervision of a person other than

the Parent/Guardian who has immediate care of the Child/Youth;

D. Will within ten (10) days after the report is made or the matter is referred and

where no customary care arrangement has been put in place, establish a Plan of

Care;

E. Support the Family to take necessary steps to ensure the best interests of the

Child/Youth are met.

10.10 Return of Child/Youth to Parent/Guardian

Where a Child/Youth has been Taken In under this Law and the Child/Youth is returned

within seventy-two (72) hours to his or her Parent/Guardian, a Child/Youth Protection

Worker will not establish a Plan of Care.

10.11 Return to person having lawful custody

The Child/Youth will not be returned to a person who does not have lawful custody of the

Child/Youth unless the person had the actual care of the Child/Youth at the time the

Child/Youth was Taken In and that person is able to meet the best interests of the

Child/Youth.

10.12.1 Emergency Safety Orders

If a Child or Young Person is in a condition presenting an immediate danger to

themselves or others, and it is determined necessary by the Children’s Commissioner to

ensure the safety of the Child or Young Person to confine him or her in order to stabilize

and assess his or her needs, and less intrusive measures are not adequate to sufficiently

reduce the danger, the Children’s Commissioner may issue an in-custody Safety Order in

the prescribed form, and may convey and detain the child at a secure services facility for

purpose of assessing and stabilizing the Child/Young Person.

If a Child/Young Person has not been taken in, the Children’s Commissioner must obtain

the written consent of the guardian in order to issue a Safety Order.

If the Children’s Commissioner confines a Child/Young Person

(a) the Children’s Commissioner must appear before the Muskowekwan

Restorative Justice Circle within seven (7) days of the confinement to provide

reasons why the certificate was issued, and

(b) the Children’s Commissioner may also apply in the prescribed form for

a Safety Order in respect of the Child/Young Person for a further period if the

initial 7 days is not sufficient to have

(i) stabilized the Child/Young Person, or

(ii) completed the required assessment of the Child/Young Person and to

prepare a plan for services determined by the assessment as necessary

to ensure the Child/Young Person’s safety.

10.13 Investigation Report

After an Investigation Report is completed, a Child/Youth Protection Worker will, in

accordance with any guidelines of the Muskowekwan Family Services Society where he

or she is employed, prepare a report on the investigation of the facts of the case including

a description of any measures taken to protect the Child/Youth, and provide a copy of the

report to the Children’s Commissioner or designate.

10.14 Action where Child/Youth does not need protection

Notwithstanding any other provision of this Law, where an Investigation Report is

completed and based on the Investigation Report, a Child/Youth Protection Worker is of

the opinion that the Child/Youth who is the subject of the Investigation Report does not

need protection:

A. A Plan of Care Agreement will not be established and if it has been established, it

will be dissolved, and any Plan of Care Agreement will be deemed to have

terminated;

B. The Child/Youth will be returned to his or her Parent/Guardian or the person

having actual care of the Child/Youth at the time of the Taking In.

10.15 Return to person having lawful custody

Where a Child/Youth does not need protection in the opinion of an Child/Youth

Protection Worker, the Child/Youth will not be returned to a person who does not have

lawful custody of the Child/Youth unless the person had the actual care of the

Child/Youth at the time the Child/Youth was Taken In.

10.16 Customary Care and Cultural Plans of Care

Every effort will be made by Muskowekwan Family Services Society, Child/Youth

protection worker along with the family to develop a cultural plan of care or customary

care arrangement in respect of the Child/Youth in need of protection.

10.17 Plan of Care Committee and Agreements

The Muskowekwan Family Services Society will establish:

A. The process and standards for establishing a Plan of Care Committee;

B. The composition of the Plan of Care Committee;

C. The procedures to be followed by the Plan of Care Committee;

D. The authority, duties and responsibilities of the Plan of Care Committee;

E. The structure, format and maximum term for Plan of Care Agreements;

F. The responsibilities of the parties named in Plan of Care Agreements;

G. The consents required to implement Plan of Care Agreements;

H. Procedures to review Plan of Care Agreements.

10.18 Method of Taking In

A. A person who is authorized to Take In a Child/Youth under this Law may,

without a warrant, enter a place by day or night, using force if necessary to effect

entry, to Take In the Child/Youth.

B. Where a Taking In occurs on Muskowekwan First Nation’s lands, the person

who is authorized to Take In a Child/Youth under this Part must respect the

Muskowekwan First Nation protocol for Taking In and provide notice to the

Child/Youth family of origin and Muskowekwan Family Services Society of such

Taking In.

10.19 Restorative Justice

Plain Speak Insert:The final part of this section bring restorative justice into practice for

resolving disputes relating to this Law.

A Restorative Justice Circle operates pursuant to the authority granted

and governed by Chief and Council directly. When individuals disagree

with the decisions made by the Children’s Commissioner, the

Restorative Justice Circle will be the mechanism to bring concerns

forward for discussion and resolution.

Where a parent, guardian, Child, or Young Person does not agree with a decision made by the Children’s Commissioner regarding that Child or Young Person a request can be made to the Muskowekwan Restorative Justice Circle to have their concerns heard about any decision

Muskowekwan First Nation Chief and Council will develop regulations and policy for use by the Restorative Justice Circle for all matters of concerns that arise regarding this Law.

SECTION TEN: DUTY TO REPORT CHILD/YOUTH NEEDING PROTECTION

Plain speak insert:

The adoption of Muskowekwan children/youth will require the consent and agreement of the parents/guardians, Muskowekwan First Nation, and any other First Nation the other parent/guardian belongs to.

After this Law comes into effect, adoptions of Muskowekwan children and youth will no longer involve Canada or the province.

11.1 The adoption of a Child/Youth requires the consent of:

A. The Parents/Guardians of the Child/Youth;

B. The First Nation that the Child/Youth belongs to; and,

C. The Muskowekwan First Nation that the Parents/Guardians belong to, if different than the Child/Youth.

11.2 Muskowekwan First Nation’s custom adoption and practices are recognized and affirmed by this Law.

11.3 A person may not apply to any court to adopt a Muskowekwan child except pursuant to this Law.

SECTION ELEVEN:MUSKOWEKWAN FIRST NATION CUSTOM ADOPTION

Plain speak insert:

The provisions in Section 12 will strengthen Muskowekwan’s position that Canada and the provinces must formally recognize Muskowekwan First Nation’s inherent right to assert jurisdiction over child and family services.

Because of the way that Canada and the provinces operate in parallel, Muskowekwan is creating laws and acts, positions with roles and responsibilities, as the pathways for Canada to recognize the power and authority of Muskowekwan.

12.1 The Muskowekwan Family Services Society wellbeing System is comprised of:

A. The Muskowekwan First Nation that enacts the following Laws and establishes the following offices and structures:

i. Muskowekwan Law

ii. Muskowekwan Family Services Society Prevention Services Act

iii. Muskowekwan Family Services Society Taken In Services

iv. Any other law enacted by Muskowekwan First Nation that is deemed necessary in order to resume jurisdiction for Muskowekwan child, youth, and family well-being

v. Office of the Children’s Commissioner

B. The Muskowekwan Family Services Society;

C. The Muskowekwan Family Services Society Plan of Care Committee;

D. The Family Advocate; and

E. The Muskowekwan Family Services Society Nation Trustee.

12.2 First Nation Jurisdiction and Authority

A. This Law recognizes that the jurisdiction and authority of Muskowekwan First Nation Chief and Council derives from the Muskowekwan First Nation citizens who have duly elected the Muskowekwan Chief and Council. The Muskowekwan citizens have entrusted Muskowekwan Chief and Council for the wellbeing of Child/Youth through the Muskowekwan Law.

B. The Chief and Council and Muskowekwan citizens shall respect the cultural practices, Muskowekwan standards, traditions, values and language of the Nation in relation to Child/Youth wellbeing.

12.3 Muskowekwan Family Services Society

The Muskowekwan Family Services Society is responsible to the day-to-day delivery of Child/Youth well-being programs and services in collaboration with the Muskowekwan First Nation community (on and off reserve), families, local and regional social, health, educational, policing and other agencies and organizations.

12.4 Muskowekwan Family Services Society Board of Directors

A. The Muskowekwan Family Services Society is a collective body established by the Muskowekwan First Nation to support and further enhance the delivery of Child/Youth well-being programs and services by the Muskowekwan First Nation. The board of directors has no law-making authority over Child/Youth wellbeing.

B. By this Law, the Muskowekwan Family Services Society Board of directors is established to:

i. Support the implementation, compliance and enforcement of this Law;

ii. Receive, administer, distribute and report on funding secured to support the Muskowekwan Family Services Society system and the implementation of this Law;

iii. Establish policies and guidelines relating to the operation of the Muskowekwan Family Services Society system;

iv. Develop and implement programs and services to support Child/Youth well-being;

v. Be the central liaison and coordinating body for the Muskowekwan First Nation regarding Child/Youth well-being matters; and

vi. Carry out of any other powers, duties and functions delegated by the Muskowekwan First Nation Chief and Council as required to implement this Law.

12.5 Muskowekwan Family Services Society Children’s Commissioner

A. A Children’s Commissioner will be appointed by Muskowekwan First Nation Chief and Council and remain accountable to the Board of directors of Muskowekwan Family Services Society

B. The Children’s Commissioner is responsible to oversee implementation, compliance and enforcement of this Law.

SECTION TWELVE:MUSKOWEKWAN FIRST NATION CHILD WELLBEING SYSTEM STRUCTURES

SECTION THIRTEEN:GENERAL

Plain speak insert:

Section 13 addresses a number of important issues that do not fall within the above sections. These include: terms concerning funding agreements to support implementation of the Muskowekwan Law; establishment of the Muskowekwan Family Services Society; obligations to establish Nation standards concerning delivery pursuant to this Law; obligations to information Muskowekwan members about the standards, confidentiality, and enforcement of the Law.

13.1 Muskowekwan Chief and Council will approve a Nation funding agreement by resolution or by law to confirm the Nation’s decision to fund the Muskowekwan Family Services Society to deliver Child/Youth protection services, prevention services and to ensure that Muskowekwan First Nation Child/Youth and families have equitable access to protection and prevention services and supports regardless of on or off Muskowekwan First Nation lands.

13.2 A Non-Derogation clause shall be included in all funding agreements: For greater certainty, nothing in this Law shall be construed so as to prejudice, abrogate or derogate from the Aboriginal and Treaty rights of the Muskowekwan First Nation and their respective citizens or from any obligation from/of Canada to the Muskowekwan First Nation pursuant to Treaties, statutes and the Constitution, including those rights identified within section 35 of the Constitution Act, 1982.

13.3 Nation Funding Agreement

A. Delegates to the Children’s Commissioner the authority and responsibility for any matter set out in this Law[LW1] ;

B. Establishes Muskowekwan Family Services Society, Board of directors and defines its role in the Muskowekwan First Nation, in addition to its powers and duties under this Law, and establishes the term of office of its members and the procedures by which the Muskowekwan Family Services Society Board of director’s will conduct its meetings and exercise its powers and perform its duties under this Law; and

C. Sets out the procedure for establishing and amending Muskowekwan Family Services Society, standards and making the citizens of the Muskowekwan First Nation aware of the standards.

13.4 Muskowekwan Family Services Society

A Muskowekwan Family Services Society Board of directors is an entity of the Muskowekwan First Nation. This entity will exercise its powers and perform its duties in accordance with this Law, the regulations and the Muskowekwan First Nation funding Agreement.

13.5 First Nation Appointment of Members

The members of the Muskowekwan Family Services Society Board of directors will be appointed by the Chief and Council for a three-year term set out in the Nation funding agreement.

13.6 Society Funding Agreement

The Board of directors of the Muskowekwan Family Services Society will be authorized to enter into a funding agreement with Indigenous Services Canada (ISC):

A. Confirming the Society has the authority and responsibility to implement this Law and deliver Child/Youth well-being programs and services;

B. Specifically, the Muskowekwan First Nation on/off reserve Child/Youth/members/and potential to be registered Child/Youth that the Society serves;

C. Specifying the Muskowekwan First Nation for whom the Society may act; and

D. Establishing a Child/Youth and Family Services Board of Directors and defining its role in the Muskowekwan First Nation or communities in which it may act, in addition to its powers and duties under this Law and establishing the term of office of its members and the procedures by which the Muskowekwan Family Services Society Board of Directors will conduct its meetings and exercise its powers and perform its duties under this Law.

13.7 Powers and Duties of Muskowekwan Family Services Society

The Muskowekwan Family Services Society has, subject to the terms and conditions of a Funding Agreement, the power and will perform the duties delegated to the Society by the Funding Agreement.

13.8 Muskowekwan Family Services Society Board of Directors

The Muskowekwan Family Services Society is comprised of a Board of directors of the Society and will exercise its powers and perform its duties in accordance with this Law, the regulations and the Nation Funding Agreement.

13.9 Muskowekwan First Nation Standards

The Muskowekwan First Nation will codify cultural Standards to be used in determining:

A. The level of care adequate to meet a Child/Youth’s needs in the best interests of the Child/Youth section of this Law; and

B. Whether or not a Child/Youth needs protection under this Law.

13.10 Minimum Standards

Muskowekwan First Nation Standards must include the minimum standards established by the regulations under this Law.

13.11 Duty to inform Muskowekwan First Nation citizens of the Nations Standards

Muskowekwan Family Services Society will make the citizens of the Muskowekwan First Nation aware of the Muskowekwan Cultural Standards in accordance with the procedure set out in the Agreement.

13.12 Child/Youth Care Facility or Custom Care Home

Muskowekwan Family Services Society has the authority to approve Child/Youth Care Facilities and Custom Care Homes in accordance with Muskowekwan First Nation Standards and the regulations under this Law.

13.13 Obligation to support Child/Youth

Nothing in this Law relieves any person who has an obligation to support a Child/Youth from that obligation, and the fact that support is being provided does not deprive the Children’s Commissioner or a Child/Youth Protection Worker of any power or right conferred on the Children’s Commissioner or a Child/Youth Protection Worker by this Law or the regulations.

13.14 Liability

The Children’s Commissioner, Child/Youth Protection Workers, Authorized Persons and any other person having powers or duties under this Law or the regulations will not be liable for anything done or not done by him or her in good faith in the performance of his or her duties or in the exercise of his or her powers.

13.15 Confidentiality and Disclosure Confidentiality

Any information or record of information relating to a Child/Youth or his or her Parent/Guardian is confidential where it is received, obtained or retained by any person:

A. Under this Law or the regulations;

B. In the exercise of his or her powers or in the performance of his or her duties under this Law or the regulations;

C. Who operates an Child/Youth Care Facility or Custom Care Home respecting an Child/Youth in the care of the Child/Youth Care Facility or Custom Care Home; or

D. Who is employed by or retained on contract to provide services to an Child/Youth Care Facility or Custom Care Home respecting an Child/Youth in the care of the Child/Youth Care Facility or Custom Care Home.

13.16 Prohibition on disclosure and communication of information

No person required to maintain confidentiality under this Law will disclose or communicate any information or record of information to any person except:

A. Where necessary or appropriate in the exercise of his or her powers or in the performance of his or her duties under this Law or the regulations;

B. With the written consent of the person to whom the information or record relates;

C. Where giving evidence in Court;

D. On the order of a Court;

E. To a person appointed to conduct an Investigation Report under this Law;

F. To the Children’s Commissioner, a Child/Youth Protection Worker or an Authorized Person, at their request;

G. To a peace officer, if the person believes on reasonable grounds that:

i. Failure to disclose the information or record of information is likely to cause physical or emotional harm to a person or serious damage to property, and

ii. The need for disclosure is urgent;

H. Where a disclosure or communication is required for the purposes of this Law or to protect a Child/Youth;

I. Where necessary for the provision of care, counselling or education to the Child/Youth;

J. Where, in the opinion of the Children’s Commissioner, the benefit of the release of the information would clearly outweigh any invasion of privacy that could result from the release; or

K. Where it is required for the purposes of this Law.

13.17 Use of Information

Any information or record of information disclosed under this Law will be used only for the purpose for which it was disclosed and will not be disclosed further.

13.18 Exception

The confidentiality requirements set out above do not apply to a Child/Youth who is a member of a Plan of Care and the subject of the Plan of Care Agreement.

13.19 Exchange of Information

The Children’s Commissioner may, in accordance with the regulations, disclose information or a record of information in his or her possession relating to any person in connection with this Law to a person who or agency that in a First Nation, province or territory performs substantially the same functions as the Children’s Commissioner where that information or record of information is reasonably required by that person or agency in order to provide services to the person who is the subject of the information or to protect a Child/Youth.

13.20 Offence and Punishment Prohibitions

No person will:

A. Induce or attempt to induce a Child/Youth to run away from a Child/Youth Care Facility, Custom Care Home or a person entrusted with the care of the Child/Youth under this Law;

B. Remove or attempt to remove a Child/Youth unlawfully from the care, custody, control or charge of the Children’s Commissioner, or a Child/Youth Protection Worker;

C. Detain or knowingly harbour a runaway Child/Youth placed in the temporary or permanent custody of the Children’s Commissioner;

D. Having the care, custody, control or charge of a Child/Youth, abandon the Child/Youth, without having made adequate provision for the Child/Youth’s care and custody, or Abuse or harm the Child/Youth, or procure the abandonment, Abuse or harm of the Child/Youth; or

E. Omit to perform a duty imposed on him or her by or under this Law.

13.21 Offence and Punishment

A. Muskowekwan First Nation may enforce this law in accordance with its standards and traditions, including restorative justice.

B. Every person who breaks this Law may be subject to sanctions by the Muskowekwan First Nation in a manner that is consistent with customs, culture, practices and values provided that such sanctions are proportionate to the seriousness of the offence.

[LW1]Is it the intent that delegation of authority to the Children’ Commissioner is by way of this Funding Agreement? I suggest that this clause is not necessary here, but rather such delegation ought to be by the Okanese Chief/Council.

SECTION FOURTEEN: REGULATIONS

Plain speak insert:

Regulations are also part of the Muskowekwan Law. Regulations set out how the Law will be implemented. The Muskowekwan Law acknowledges that we have the right to govern child and familyservices for our people. The Regulations are the “how” the Law will be implemented for our people.

The Muskowekwan Law recognizes that it is the Children’s Commissioner that will lead the making of Regulations in order to delivery services pursuant to our Law. Final approval of the Regulations will be with the Nation.

Because the Muskowekwan Law is new, there will still be work to be done to establish through regulations. Like the Law, the regulations will reflect Muskowekwan values, beliefs, and traditions.

The Children’s Commissioner in consultation with and with the approval of the Muskowekwan First Nation, may make Regulations:

A. For the purposes of supporting how the Child/Youth’s expression of wishes and views are taken into account in decision-making about the Child/Youth;

B. Respecting the establishment of Plan of Care Committees, including:

i. the selection of persons to sit as Committee members

ii. the removal of a member of a Plan of Care Committee;

iii. the operational procedures to be followed by a Plan of Care Committee in carrying out its responsibilities pursuant to this Law and any related regulations;

C. Respecting the selection of a person to be invited to sit as the member of Muskowekwan Family Services Society

D. Respecting procedures to be followed in respect of custom adoptions pursuant to this Law;

E. Respecting additional powers and duties of the Children Commissioner;

F. Respecting the minimum Standards that must be included in the Standards established by an agency that is a party to a Muskowekwan First Nation Agreement[LW1] ;

G. Respecting standards of living accommodation to be maintained by Child/Youth care facilities, Custom Care Homes and persons entrusted with the care of an Child/Youth under this Law, including different standards for different categories of Child/Youth care facilities and Custom Care Homes or to take into account cultural differences;

H. Respecting Child/Youth care facilities and Custom Care Homes;

I. Respecting the procedure for the disclosure of information by the Children’s Commissioner in response to a request for disclosure of information;

J. Respecting any other matter that, in the opinion of the Children’s Commissioner, is necessary for carrying out the purposes and provisions of this law.

ABOUT MUSKOWEKWAN

Band Designate - Charlene Bruce 306-510-7101

Band Prevention Intake - Valerie Wolfe 306-510-3251

Prevention Administration Assistant - Jaylynn Kinequon 306-537-5710

mfn85cfs.ca

MUSKOWEKWAN LAW

MUSKOWEKWAN LAW

TABLE OF CONTENTS

DECLARATION

SECTION ONE: PREAMBLE

SECTION TWO: DEFINITIONS

SECTION THREE: JURISDICTION

SECTION FOUR: PURPOSE OF LAW

SECTION FIVE: PRINCIPLES GOVERNING THIS LAW

SECTION SIX: ROLE OF FAMILY – “EACH CHILD IS A GIFT”

SECTION SEVEN: CHILD/YOUTH PARTICIPATION IN DECISION-MAKING

SECTION EIGHT: VOLUNTARY SUPPORT SERVICES

SECTION NINE: CHILD/YOUTH IN NEED OF PROTECTION

SECTION TEN: DUTY TO REPORT CHILD/YOUTH NEEDING PROTECTION

SECTION ELEVEN:MUSKOWEKWAN FIRST NATION CUSTOM ADOPTION

SECTION TWELVE:MUSKOWEKWAN FIRST NATION CHILD WELLBEING SYSTEM STRUCTURES

SECTION THIRTEEN:GENERAL

SECTION FOURTEEN: REGULATIONS