Saskatoon Tribal Council Child and Family Services authority deliberated in court

Press Release

June 28, 2016 Regina–-Leadership and hundreds of supporters joined the Saskatoon Tribal Council Chief Felix Thomas and Vice Chief Mark Arcand this morning at the court of Queen’s Bench to hear deliberations over jurisdiction and information sharing on case files held by their Child and Family Services agency.

Earlier this month, the Ministry announced they were withdrawing the authority of the agency to operate using the Child and Family Services Act in Saskatchewan courts and terminating the 1996 Bilateral Accord which was entered into with the Ministry through the Indian Child Welfare and Family Support Act. This Act was adopted by the General Assembly of the FSIN in 1993 and has been amended over the years as the authority through which First Nations can agree to share jurisdiction over child welfare for the protection of children and families until a more comprehensive form of self-government exists.

The original agreement was negotiated to provide joint responsibility and joint protective mechanisms which were in the best interests of the children.

The Province has terminated most of these agreements and forced First Nation agencies to enter into Delegation Agreements which subordinate the First Nations to the position of mere agent of the Province when it comes to protecting First Nations children. This position is unacceptable to STC and STC has fought hard to maintain its equal standing as an Accredited agency with its own First Nations policies.

The Ministry filed an application at the Court of Queen’s Bench seeking to legitimize its assumption of Child Welfare services on STC First Nations because STC would not agree to be subordinate to the Province and because, allegedly, STC was not providing sufficient information to the Province showing that First Nations children and families on reserve were being adequately protected by their Provincial law.

All materials the ministry is requesting has been made available to them in various formats, however the underlying objective is subordination of First Nations people to policies that undermine inherent treaty rights. No First Nation has ever relinquished care of their children.

STC has maintained its willingness to share data with the Ministry providing that provisions of the bilateral agreement are adhered to and that the sovereignty of STC First Nations be recognized. “The bilateral agreement we signed declared us equal partners in caring for our children. Our sovereign rights as nations are not being honoured when and we are addressed as a subsidiary party by the Ministry,” said Tribal Chief Felix Thomas.

“We are grateful for the support we’ve had from leadership and community members in this matter. It shows this matter is not just an STC matter, that other nations and community members believe strongly in First Nations care over First Nations children. We remain focused on our children’s safety ensuring no irreparable harm is done. Our children’s safety and wellbeing is paramount.”

The judge is expected to deliver her decision in the coming weeks.

Saskatoon Tribal Council (STC) improves the quality of life of First Nations through mutually beneficial partnerships with community organizations and industry. Opportunities for improved living are accessed through programs and services in health, safety, economic development, education, and financial investments in the broader community. Acting as a representative body for seven First Nations, STC delivers programs and services to those living in member communities and Saskatoon. More information is available at www.sktc.sk.ca

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