Bill 89 - Supporting Children, Youth and Families Act, 2017

Status: Royal Assent Received as of June 1, 2017

Summary: The Ontario Indigenous Children and Youth Strategy (OICYS) called for legislative change that would more effectively support the strategy's key pillars.[1] Part of the implementation of this strategy is the Supporting Children, Youth and Families Act, which overhauled the Ontario Ministry of Children and Youth Services, now the Ministry of Children, Youth and Family Services.

Impact: The paramount purpose of the Act, both old and new, is “to promote the best interests, protection and well-being of children.” The new Act expands on this purpose to include several clauses, including taking into account a child’s or young person’s background (factors such as race, creed, colour, ancestry), “cultural and linguistic needs,” includes relatives in decision-making, and that Indigenous communities are entitled to provide their own family services in a way that recognizes their culture, heritage, traditions, connection to community, and the concept of the extended family. These principles have far reaching consequences.

The new legislation formally adopts Jordan’s Principle. More specifically, subsection 339(1) mandates the use of a “dispute resolution mechanism” in order to guide inter-jurisdictional disputes so that First Nation children receive the care to which they are entitled.

The new legislation also contains strict and clear language that ensures First Nation control over children, youth, and family services. This is a legislative guarantee that supports a key pillar for the OICYS. The Journey Together, Ontario’s response to the TRC’s Calls to Action, includes funding that will support the implementation of this principle. 

In brief, this legislation should enable progress in advancing Indigenous self-determination, jurisdiction, and self-government – the key pillars of the OICYS.

Concerns: Bill 89 extends jurisdiction for First Nation health and child well-being in accordance with the OICYS, which is a positive step. However, the jurisdiction is expanded in broad strokes, without specific direction concerning how to do so. This means that jurisdiction may be laid out in practical terms at the policy level, or not at all.

For some First Nations, the Bill did not go far enough in terms of expanding First Nation jurisdiction. First Nations are still responsible to work within the guidelines established within the Act, and therefore have limited control. Grand Chief Gordon Peters argued that the Bill should enable First Nations to opt out and manage child welfare at the local level, but this was not written into the bill.

Furthermore, the Bill as written still keeps control ultimately in the hands of the Minister. Theresa Stevens, executive director of the Association of Native Child and Family Services Agencies of Ontario, expressed her concern regarding who provides oversight to the minister, raising a number of following questions, including how agency and board appointments are monitored and not political appointees, how fairness is ensured in implementation, and how cultural practices would be protected.

 Full Text: of the bill can be found here.

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[1] The OICYS pillars are: 1) First Nations Jurisdiction and Control, 2) Prevention, culture, and opportunities, 3) coordinated and responsive circle of care, 4) monitoring, evaluation, and shared accountability, and 5) transformed relationships and collaborative, holistic action.