Why the Federal Act, An respecting First Nations, Inuit and Métis children, youth and families (Previously known as Bill C-92) Changed Everything, and What Professionals Need to Know Now
Since 2020, child and family service systems across Canada are continuing to undergo one of the most significant shifts in decades. With the implementation of An Act respecting First Nations, Inuit and Métis children, youth and families, more and more nations are now developing their own child and family legislation which fundamentally changes the expectations placed on service providers, organizations, and decision-makers.
Yet many professionals are still asking the same questions:
- What does this legislation actually require of me in practice?
- How does it change the way decisions are made about Indigenous children and families?
- What does “Indigenous jurisdiction” really mean for my role?
Indigenous Perspectives Society’s Introduction to Indigenous Jurisdiction and the Federal Act for First Nations, Inuit and Métis Children, Youth and Families was developed to answer these questions in a way that supports ethical, lawful, and culturally grounded practice.
This training provides an overview of the history and mandate of the Federal Act, introduces key foundations for understanding nation-specific legislation, and discusses how the two work together. By understanding these key pieces, participants are better able to adapt their work through responsibility, relationships, and real-world impact.
A Modern Legal Framework
The Federal Act is often described as “child welfare legislation,” but that label doesn’t capture its full significance.
For the first time in Canadian history, federal law explicitly recognizes and prioritizes Indigenous jurisdiction over child and family services as an inherent right, affirmed under section 35 of the Constitution. Alongside this recognition, the Act establishes national minimum standards that apply to all child and family services involving Indigenous children regardless of province, agency, or location.
This means that past approaches, assumptions, and even long-standing policies may no longer be sufficient.
Our training begins by situating the Act within its broader human rights and reconciliation context, including:
- The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
- BC’s Declaration on the Rights of Indigenous Peoples Act (DRIPA)
- The Truth and Reconciliation Commission’s Calls to Action
- Decades of Indigenous advocacy and legal challenges that shaped this legislation
Understanding why the Act exists is essential to understanding how it must be applied.
Key Takeaway #1: “Best Interests of the Child” Is No Longer Neutral
One of the most transformative aspects of the Federal Act is how it reframes the concept of the Best Interests of the Indigenous Child.
Rather than relying on a culturally neutral (and historically biased) interpretation, the Act requires decision-makers to give meaningful weight to:
- Cultural continuity
- Connection to family, community, and Nation
- The long-term impacts of separation and displacement
Participants in the training explore how the previous child welfare frameworks have contributed to the overrepresentation of Indigenous children in care, and how the Federal Act intentionally disrupts those patterns.
This shift is subtle in wording, but profound in practice. Discussions help participants recognize where unconscious bias, institutional norms, or “standard practice” may conflict with the intent of the law.
Key Takeaway #2: Substantive Equality Is About Outcomes, Not Intentions
The Federal Act embeds the principle of substantive equality, which goes beyond treating everyone “the same.”
Substantive equality asks:
- Are Indigenous children, families, and governing bodies actually able to exercise their rights?
- Are Indigenous children, families, and governing bodies actively involved in discussions and decision making?
- Do jurisdictional disputes delay or deny services?
- Do systems unintentionally create barriers, even when policies appear neutral?
Through guided discussion and applied scenarios, participants learn how this principle reshapes responsibilities across systems, including funding, service coordination, and intergovernmental decision-making.
This is especially relevant for professionals navigating overlapping federal, provincial, and Indigenous laws.
Key Takeaway #3: Indigenous Definitions of Family Matter
The Federal Act intentionally broadens how family and care are defined, creating space for Indigenous customs, traditions, and kinship systems.
In practice, this means that:
- Family may include individuals not recognized under provincial legislation
- Customary care arrangements must be taken seriously
- Indigenous communities have authority in defining belonging and connection
The training explores how these definitions affect assessments, placements, notice requirements, and collaboration with Indigenous governing bodies without reducing complex cultural systems to checklists.
Key Takeaway #4: Indigenous Jurisdiction Is Not Theoretical
For many professionals, Indigenous jurisdiction can feel abstract or “future-oriented.” In reality, it’s already reshaping service delivery across Canada.
The course helps participants understand:
- What jurisdiction means under a concurrent law model
- How Indigenous laws may interact with, or override, provincial legislation
- What respectful, lawful collaboration looks like in practice
- Why Indigenous communities are the experts in their own legal traditions
Rather than offering simple answers, the training equips participants with the questions, frameworks, and relational approach needed to be adaptable and to work responsibly in evolving governance landscapes.
Who This Training Is For
This course is designed for:
- Child and family service professionals
- Social workers and supervisors
- Legal professionals and advocates
- Policy makers and administrators
- Service providers working with Indigenous children, youth, and families
- Nations in the beginning of their jurisdiction development journey
Whether you work within government, delegated agencies, non-profits, or community organizations, this training supports both legal compliance and ethical practice.
For nations in the beginning of their jurisdiction development, this training provides a foundational understanding of the current child and family landscape, and the key pieces of the Federal Act to help nations move into the next steps for their development.
Why This Training Matters Now
The Federal Act has been in place since 2020. Now six years later, many nations have already implemented their own child and family legislation that child and family service agencies are working within. As well, we are seeing more nations taking the steps necessary to develop their own child and family legislation. The child and family sector is in a period of transformation, and it’s important that service providers have the right tools and mindset in order to support stronger family and cultural connections for Indigenous children and future generations.
These learning outcomes strengthens professional confidence, improves decision-making, and contributes to better outcomes for Indigenous children and families.
Ready to Go Deeper?
This blog post only scratches the surface.
The Introduction to Indigenous Jurisdiction and the Federal Act for First Nations, Inuit and Métis Children, Youth and Families offers 3 days of facilitated learning, critical discussion, and applied exploration that cannot be replicated through reading alone.
Registration is now open.
If your work touches the lives of Indigenous children and families, this training is pivotal.
Register Today