Law

An Act Act Respecting First Nations, Inuit and Métis children, youth and families is the federal force behind the development of a Carrier and Sekani child and family welfare law.

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. Through this federal framework, the inherent right of Nations to jurisdiction over child and family services is recognized. We are developing child and family legislation through these national standards.

The future state is grounded in the Carrier and Sekani child and family legislation and regulations, and the oversight of the Whu Neeh Nee Council.

The Journey to Carrier and Sekani Child and Family Law

  • An Act of Love: The law created with member Nations that outlines Carrier and Sekani peoples’ inherent right to child and family decision-making.
  • Whu Neeh Nee Council: Composed of members appointed by member Nations, the Whu Neeh Nee Council act as the Keepers of the child and family legislation. The Council reviews ongoing work, monitors progress towards strategic goals and provides guidance to amendments and regulations of the law.
  • Administrative Governance Body: A board of directors consisting of a representative from each member Nation that monitors the practice of the law in communities and oversees fiscal decision-making.
  • Authority (actual legal process): the application of the law in child and family matters within member Nations.

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.

 

Journey →