Thank you.
Good morning, everybody.
My name is Melanie Omeniho and I am the President of Les Femmes Michif Otipemisiwak, Women of the Métis Nation.
I want to identify, before we get going, that Les Femmes Michif Otipemisiwak is not the French version of Women of the Métis Nation. It actually is a Michif name that was given to us by our elders, and it means “the Métis women who own themselves”.
LFMO is the recognized voice of the Métis women across the Métis homeland. We operate in a democratic, transparent and fiscally accountable manner. We work to try to influence public policy and decision-making related to concerns and aspirations of Métis women at all levels of indigenous and Canadian government.
In terms of LFMO's views on Bill C-92, we are looking at it as a step-forward draft at best. It falls short of accomplishing its goals to shift child and family services from a system of apprehension to a system built around preventative and family-supportive care. This is another example of a pan-indigenous approach to system change that does not acknowledge the distinctions among first nations, Métis and Inuit people. It does not acknowledge the unique distinctions of each of the indigenous peoples of Canada, and that a one-size-fits-all approach has been a failure in the past. It is important to acknowledge the impacts that colonization has had from a distinct perspective. This bill also misses the mark in transferring full and complete jurisdiction of child and family services.
Although highlighted in the principle of “substantive equality”, paragraph 9(3)(b) reads:
(b) a child must be able to exercise his or her rights under this Act, including the right to have his or her views and preferences considered in decisions that affect him or her, and he or she must be able to do so without discrimination, including discrimination based on sex or gender identity or expression;
We find this paragraph is contradictory from a gendered lens, as the entire document incorporates a very gendered use of the terms “he” and “she” or “him” and “her”, instead of “they” and “them”. LFMO recommends that the language be amended to reflect the principles of these issues, so that it is a gender-friendly document.
LFMO believes that the principle of the “best interests of the child”, must be defined. It is not specific enough to counteract the impact of the dominant culture on indigenous children and families. Subclause 9(1) is set out and prioritizes the “best interests of the child”. This principle, as defined, could lead to further marginalization and does not protect children and families who are in poorer socio-economic situations.
It is known that the poverty experienced is a result of colonization. We have seen that using western concepts of well-being when considering indigenous children causes increased involvement with child and family services and leads to apprehension of indigenous children.
LFMO recommends that the principle be clearly defined as to what “best interests” mean, and that the three principles defined are given equal weighting.
It's been for far too long that fostering a child has not been motivated by altruistic goals. To some, this is a paycheque. Our children are not an object of commerce in the child and family services economy, and every effort should be exhausted to ensure that care providers are assessed to ensure that this is not the primary motivation.
Where this is of specific note is in clause 13, where representations and party status are granted to care providers. As care providers are paid for their work with the child, it is counterproductive and harmful to the child that these entities are given standing in consideration of the well-being of the child. LFMO recommends that care providers are excluded from representations and standing to ensure that the child's interests are primary and not the socio-economic gain of a care provider.
LFMO recommends that the dispute resolution mechanism be defined in the event that provinces and an indigenous governing body cannot enter into coordination agreements. Without further definition, the dispute resolution process will most likely align with the federal or provincial government approaches rather than an indigenous model of dispute resolution. Mechanisms must be in place to provide for binding decisions.
The main concern of Bill C-92, from Métis women's perspective, is that it is presented without a definition of funding pathways to ensure full participation by indigenous nations. With no predictable funding, the principle of “substantive equality”, as defined in the act, is a moot point. We cannot fully participate unless we are fully resourced to do so. This will impede our involvement with indigenous children and youth from when they enter to when they exit the child welfare system.
Les Femmes Michif Otipemisiwak offers the following recommendations to be included in Bill C-92: that a distinctions-based approach be applied to the act; that prevention and early intervention be the model of care, rather than apprehension; that the Métis Nation and Les Femmes Michif Otipemisiwak be provided with predictable funding to ensure that adequate infrastructure is in place to respond to the needs of our Métis children; that Métis children in care are identified as Métis, not as “other Indigenous”; that resources be allotted to ensure full wraparound services for Métis children; that the age of youth in care be extended to 21 years old, so that our children do not fall into other systems, such as the justice system; and that Métis data collection and research models be resourced to ensure that funding reflects the magnitude of the number of children in care.
Thank you.