An Act respecting First Nations, Inuit and Métis children, youth and families (S.C. 2019, c. 24)

Marginal note:Best interests of Indigenous child

• 10 (1) The best interests of the child must be a primary consideration in the making of decisions or the taking of actions in the context of the provision of child and family services in relation to an Indigenous child and, in the case of decisions or actions related to child apprehension, the best interests of the child must be the paramount consideration.

• Marginal note:Primary consideration

  (2) When the factors referred to in subsection (3) are being considered, primary consideration must be given to the child’s physical, emotional and psychological safety, security and well-being, as well as to the importance, for that child, of having an ongoing relationship with his or her family and with the Indigenous group, community or people to which he or she belongs and of preserving the child’s connections to his or her culture.

• Marginal note:Factors to be considered

  (3) To determine the best interests of an Indigenous child, all factors related to the circumstances of the child must be considered, including

  • (a) the child’s cultural, linguistic, religious and spiritual upbringing and heritage;

  • (b) the child’s needs, given the child’s age and stage of development, such as the child’s need for stability;

  • (c) the nature and strength of the child’s relationship with his or her parent, the care provider and any member of his or her family who plays an important role in his or her life;

  • (d) the importance to the child of preserving the child’s cultural identity and connections to the language and territory of the Indigenous group, community or people to which the child belongs;

  • (e) the child’s views and preferences, giving due weight to the child’s age and maturity, unless they cannot be ascertained;

  • (f) any plans for the child’s care, including care in accordance with the customs or traditions of the Indigenous group, community or people to which the child belongs;

  • (g) any family violence and its impact on the child, including whether the child is directly or indirectly exposed to the family violence as well as the physical, emotional and psychological harm or risk of harm to the child; and

  • (h) any civil or criminal proceeding, order, condition, or measure that is relevant to the safety, security and well-being of the child.

• Marginal note:Consistency

  (4) Subsections (1) to (3) are to be construed in relation to an Indigenous child, to the extent that it is possible to do so, in a manner that is consistent with a provision of a law of the Indigenous group, community or people to which the child belongs.