Obishikokaang Abinoojii Onakoniikewin Meekanah
FAQs
What is Bill C-92?
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Bill C-92, formally An Act Respecting First Nations, Inuit and Metis children, youth and families came into effect on January 1, 2020.
The Act aims to reduce the over-representation of Indigenous children in care and ensure they remain connected to their families, communities, and culture.
What are the objectives of Bill C-92?
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Bill C-92 does three things:
Affirms that Indigenous communities have the right to develop and enforce their own child and family laws and policies.
Creates minimum standards regarding the provision of child and family services for Indigenous families.
Breaks down barriers for Nations to have their laws recognized and supported.
What are the Key Principles of the Act?
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Bill C-92 establishes the following legal principles:
Best interests of the Indigenous child: decisions must prioritize the child’s well-being and family connections.
Cultural Continuity: children should maintain ties to their Indigenous culture, language and traditions.
Substantive equality: Indigenous children must receive services that respect their rights and address historical disadvantages.
What does this mean for Obishikokaang?
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How does Bill C-92 benefit our Children and Families?
Will the Obishikokaang Onakoniikewin Apply on and off reserve?
Will our law be respected by other governments?
How has Obishikokaang ensured that the process is community-driven?
Who is leading the process for Obishikokaang?
What is the current progress of Obishikokaang’s Implementation?
What are the next Steps?
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Our Anishinaabe Onakoniikewin (inherent laws) to look after our children and families has existed from the beginning of time, prior to the existence of any colonial government. Bill C-92 provides a framework and funding to implement our Onakoniikewin and ensure that it is respected and upheld by all child welfare agencies across Canada.
Immediate Benefit (as of January 2021)
The Act benefits families immediately (regardless of whether their Nation is developing a law and asserting their jurisdiction) because it requires that all agencies in Canada follow the minimum standards which impact decisions made about children including:
Keeping children with their family and community or helping to return children to their families.
Prioritizes the importance of children and youth staying connected with their language, culture and community.
Prioritizes prevention and early intervention to prevent children from going into care.
Financial, health or housing challenges shall not be the reason a child is separated from their family.
Future Benefit (once Obishikogaang’s Onakoniikewin is in place)
Once Obishikokaang’s Onakoniikewin is in place, we will have the funding, resources and recognition to run our own child and family model based on our inherent rights our unique culture, values, traditions and practices. We will look after our children and families based on our way of doing things based on our strengths and teachings.
Nations can determine how to phase their implementation and determine the scope of their law, whether it be prevention and protection and whether it apply to on and off-reserve. Obishikokaang has made the decision to proceed with full jurisdiction (prevention and protection to apply both on and off-reserve). This will be implemented in phases as we work towards full jurisdiction.
Bill C-92 affirms that a nation’s law will prevail over any provincial child welfare law. This was upheld by the Supreme Court of Canada in 2024.
We have spent the last five years doing extensive engagement and strategic discussions:
Multiple Engagement Sessions 2021 and 2023 (Whitefish Bay, Kejick Bay, Frenchman’s Head, Sioux Lookout, Red Lake, Thunder Bay and Winnipeg)
Front-Line Worker Sessions
Sessions with LSFN Departments
Elders Gathering
Youth Gathering
Youth and Elders Gathering
Chief and Council annual OAOM strategic planning and path oversight
Information booths (Treaty days, AGMs, Christmas Dinners)
Meetings of Task Force, Youth Council and Elders Council
The position of OAOM Director has been created to coordinate the process of drafting the law, the service model and continued feedback and discussion by different groups. Chief and Council have delegated a Task Force made up of:
Councillors with the Child Welfare Portfolio
CFRO
Family Wellbeing Lodge Directors (OAOM, OSG, Dehnawemakanug and Post Majority)
Youth and Elders/Grandparents
An Elder’s Council and Youth Council have also been developed to provide feedback and advice to the process.
We have gathered all the feedback, thoughts and information throughout the last five years (2021-2026) and now have a draft Onakoniikewin and service model. We will continue to meet with Youth, Elders, Leadership and the Task Force to make revisions to the law so that we have a version that can be presented to all community members in Winter 2027.
Once we have the law, service model and budget finalized we will enter into discussions with Canada and Ontario to enter into a Coordination Agreement (clearly identifies the roles and responsibilities of each party and how provincial laws will respect our Onakoniikewin) and a Fiscal Agreement (funding required to operate our model). This process takes approximately 12-18 months.
Once the Coordination Agreement and Fiscal Agreement are in place, we will go through a transition process as we move towards full implementation of our model and jurisdiction.