Indigenous MLA ‘worried’ about First Nations gaining control of child welfare

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This article was published 26/04/2024 (535 days ago), so information in it may no longer be current.

A First Nations government backbencher, who is also a foster parent, worries about who will speak up for children in care once their communities assume complete control over child welfare.

“As an Indigenous woman and former Indigenous chief and council member, I can say this: I’m really worried about the First Nations handling this authority,” northern NDP MLA Amanda Lathlin told the legislative affairs committee, which is reviewing of the Advocate for Children and Youth Act, on Friday.

“I’m worried about the nepotism that’s currently going on in every office,” Lathlin said, referring to “band politics” and “bullshit” before apologizing for her language to the committee.

“I’m worried about the nepotism that’s currently going on in every office”–Amanda Lathlin

Federal Bill C-92 recognizes the inherent right of First Nations, Inuit and Métis to develop their own Child and Family Services legislation and assume control over child welfare, which would cut out the provincial government and watchdogs such as Manitoba’s advocate for children and youth.

“I’m worried about the unqualified workers that are currently there, such as the ones who’ve not returned my calls for two months asking for a visit,” said Lathlin, who spoke out at the committee where presenters are protected by parliamentary privilege.

Lathlin, who has one child had raised her sister’s three children before they were apprehended in 2017 while Lathlin was on a trip to the U.S.

The MLA, whose sister died of an opioid overdose in August, told the committee she’s worried about the agency she dealt with — Opaskwayak Child and Family Services (which refused to comment Friday) — and Opaskwayak Cree Nation assuming complete jurisdiction over child welfare.

“Who do we go to and say ‘Hey, that worker’s not returning my call?,’” asked Lathlin, a former Opaskwayak band councillor.

“I’m seriously worried about this transition coming up, when I’m not even being heard as the MLA for The Pas-Kameesak,” she said. “Who do we report to, in such situations like that?”

Sherry Gott, Manitoba’s children’s advocate who made recommendations to the committee and answered questions Friday, said someone needs to speak up for children in care.

“I, too, am concerned,” Gott told the committee. “Once the jurisdiction is asserted with child welfare, the children need a voice in the new system,” said the Sapotaweyak Cree Nation member who speaks fluent Swampy Cree, has a master’s degree in social work and more than 30 years of work experience.

“I am saying that we do need a federal advocate for the children in First Nations,” said Gott, who recommended to the committee that the Manitoba advocate’s office be allowed to enter into agreements with Indigenous governing bodies as they assume control over child welfare.

The Manitoba advocate has reached out to First Nations leadership about the office continuing to advocate for children once they assume control of child welfare.

Gott said those discussions are ongoing but no agreements have been signed.

Families Minister Nahanni Fontaine has said her government supports Bill C-92 and the decolonization of the child welfare system. At Friday’s committee meeting, she said it’s important for people to understand that once First Nations establish their own child welfare laws, they are paramount.

“The province has no oversight at all and (the advocate) has no oversight at all,” the minister said.

Progressive Conservative families critic Lauren Stone questioned what the provincial government’s lack of oversight will mean for the welfare of children in care.

“I’ve heard the minister essentially say today that unless an Indigenous agency asks for oversight, then the province (has) no involvement,” Stone said. “I’m certainly concerned about children falling through the cracks. From the experience of the member for The Pas-Kameesak, these are exactly the concerns that we have as we go through this process,” she said.

If the Indigenous agency doesn’t agree to oversight, is the province “essentially just washing our hands,” Stone asked.

“My recommendation still stands that there needs to be a voice for those children under the new federal legislation for child welfare,” replied Gott.

In statement late Friday, Fontaine said her government is “committed to helping kids in care and working with Indigenous nations as well as all levels of government to improve child welfare in our province.”

The committee will meet May 3 and is scheduled to hear from 19 presenters. On Friday, it extended the deadline for written submissions to May 24.

“The work of the committee is important and we are committed to examining all considerations as we work to improve child welfare and working towards reconciliation in Manitoba,” Fontaine’s statement said.

carol.sanders@freepress.mb.ca