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

Marginal note:Principle — best interests of child

• 9 (1) This Act is to be interpreted and administered in accordance with the principle of the best interests of the child.

• Marginal note:Principle — cultural continuity

  (2) This Act is to be interpreted and administered in accordance with the principle of cultural continuity as reflected in the following concepts:

  • (a) cultural continuity is essential to the well-being of a child, a family and an Indigenous group, community or people;

  • (b) the transmission of the languages, cultures, practices, customs, traditions, ceremonies and knowledge of Indigenous peoples is integral to cultural continuity;

  • (c) a child’s best interests are often promoted when the child resides with members of his or her family and the culture of the Indigenous group, community or people to which he or she belongs is respected;

  • (d) child and family services provided in relation to an Indigenous child are to be provided in a manner that does not contribute to the assimilation of the Indigenous group, community or people to which the child belongs or to the destruction of the culture of that Indigenous group, community or people; and

  • (e) the characteristics and challenges of the region in which a child, a family or an Indigenous group, community or people is located are to be considered.

• Marginal note:Principle — substantive equality

  (3) This Act is to be interpreted and administered in accordance with the principle of substantive equality as reflected in the following concepts:

  • (a) the rights and distinct needs of a child with a disability are to be considered in order to promote the child’s participation, to the same extent as other children, in the activities of his or her family or the Indigenous group, community or people to which he or she belongs;

  • (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;

  • (c) a child’s family member 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;

  • (d) the Indigenous governing body acting on behalf of the Indigenous group, community or people to which a child belongs must be able to exercise without discrimination the rights of the Indigenous group, community or people under this Act, including the right to have the views and preferences of the Indigenous group, community or people considered in decisions that affect that Indigenous group, community or people; and

  • (e) in order to promote substantive equality between Indigenous children and other children, a jurisdictional dispute must not result in a gap in the child and family services that are provided in relation to Indigenous children.