English - Ontario Association of Children's Aid Societies

“Our organization has agreements with
61 bands. Each community responds
differently to child protection cases and
children going into care. In some cases, the
bands have a band administrator or child
welfare professional but in most cases it
is the responsibility of the Chief who does
not necessarily have the time or knowledge
to address these cases. As an organization
we need the support of the community in
order to support this family and we need to
ensure that those relationships are strong.”
- Focus group participant
D. UNDERSTANDING JURISDICTIONAL
MANDATES AND DUTY TO CONSULT
Child welfare professionals need to understand
legislation, protocols and local treaties to help
establish and maintain relationships with First
Nations communities.
Section 213 of the Child and Family Services Act
explicitly states:
A society or agency that provides services or exercises powers
under this Act with respect to Indian or native children shall
regularly consult with their bands or native communities
about the provision of the services or the exercise of the
powers and about matters affecting the children, including,
(a) the apprehension of children and the placement of
children in residential care;
PRACTICE TIP
In some cases, a number of bands
are organized under specific
organizations which support child welfare.
Other bands may be part of one of the 16
Ontario Tribal Councils that have some
responsibility for child welfare.
You will need to do your homework to know
who to contact. Start by asking within your
CAS about any existing protocols with local
bands. If your child welfare agency has no
protocol, the following website can help you
determine to which First Nations community
in Ontario the family is connected
www.johnco.com/firstnation/dirfnont.htm
Very specific protocols outline the
expectations when child welfare is
engaging and consulting Aboriginal
communities, to ensure the unique rights
of Aboriginal peoples.
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(b) the placement of homemakers and the provision of other
family support services;
(c) the preparation of plans for the care of children;
(d) status reviews under Part III (Child Protection);
(e) temporary care and special needs agreements under
Part II (Voluntary Access to Services);
(f) adoption placements;
(g) the establishment of emergency houses; and
(h) any other matter that is prescribed.
This section of the CFSA outlines the requirements for
child welfare agencies to maintain a relationship with
the family’s community. Once you have determined
that a family is from a particular community, you will
need to contact the Band Representative or Chief and
Council to inform them of the situation and to provide
them with the opportunity to assume responsibility
for this child or family.
DUTY OF THE CROWN TO CONSULT AND ACCOMMODATE
In 2004, in the Haida and Taku cases, the Supreme
Court of Canada set out a new legal framework — ​the
Crown’s duty to consult and accommodate. This duty
stems from the obligation that the Crown must act in