Law

An Act Act Respecting First Nations, Inuit and Métis children, youth and families is the federal force behind the development of the Skak Ha Ba Bay/Nezkeh Ba Law. We are developing child and family legislation through these National Standards.

On February 9, 2024 the Supreme Court of Canada upheld section 21, which provides that Indigenous laws have the force of federal law, and section 22(3) which specifies that Indigenous laws prevail over provincial laws in the event of a conflict. This means the Skak Ha Ba Bay/Nezkeh Ba Law, once enacted, will be recognized over a provincial child and family services regulation.

The Skak Ha Ba Bay/Nezkeh Ba Law will serve as a framework for each Nation to create their own unique regulations under. The future is Carrier and Sekani communities being the decision-makers for their own children and families.

Nation-led Decision-Making

Under the Skak Ha Ba Bay/Nezkeh Ba Law, governing bodies will work together to ensure families remain at the centre of decision-making through a fair, unbiased process. These governing bodies will consist of representatives chosen by communities.

Whu Neeh Nee Council (Wise Ones)

Will provide guidance and oversight of the strategic vision and Nation-specific regulations, periodically reviewing the child and family well-being law.
- Consists of members appointed by each member Nation.

Society Board

Will be responsible for oversight tasks including financial management, establishing policies and procedures, and making certain regulations.
- Like CSFS’s current Board of Directors, will be made up of representatives from elected Councils appointed by each member Nation.

Elders Council

Will be responsible for making decisions about how a child will be cared for when a family cannot agree on a plan to keep a child safe.
- Consists of two to four Elders appointed by each member Nation.

Community Wellness Teams

Community-based groups that collaborate on the delivery of prevention programs, monitor the well-being of children and families, and participate in collaborative planning meetings with families.
- May include staff, social workers, counsellors, community members, elders, youth, etc.

Jetsoonah izdelhleh’

(This is how we are going to do it)

Clans

Four primary clans make up Carrier and Sekani society, each with several sub-clans, including: Likh ji bu (Bear), Gilhanten (Caribou), Jihl tse yu (Frog), Likh sta Mis yu (Beaver).

Members of a clan are often considered to be members of a family, or cousins. Each clan has what is known as their sponsoring clan, or “father clan”, whose role is to watch over and provide guidance in times of need.

Learn more about Carrier and Sekani clans and protocol in our award-winning Nowh Guna’ cultural competency training.

Likh ji bu

Bear

Gilhanten

Caribou

Jihl tse yu

Frog

Likh sta Mis yu

Beaver

Regulations

The heart of the long-term reform of the federal First Nations Child and Family Services (FNCFS) Program and Jordan’s Principle is to address root causes of the overrepresentation of First Nations children and youth in the current child welfare system, and funding and services gaps that cause delays and denials of Jordan’s Principle requests.

Since 2007, the First Nations Caring Society and fellow Indigenous organizations have diligently negotiated at the federal level towards ending Canada’s discriminatory funding to the FNCFS Program and their narrow implementation of Jordan’s Principle – and establishing accountability measures to ensure the discrimination does not recur. In response to Orders from the Canadian Human Rights Tribunal (CHRT), reforms to the FNCFS Program called for a flexible funding formula that addresses systemic poverty, chronic underfunding and lack of prevention services and infrastructure. Measures will be implemented to better meet the needs of First Nations children, youth and families and prevent Canada’s discriminatory underfunding and narrow application of Jordan’s Principle from recurring.

Law