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Inuvialuit child service law to replace 'sterile colonialist' system with cultural continuity

The Inuvialuit Regional Corporation is taking steps to run its own child and family services.

1st legislation of its kind passed by an Indigenous government in the N.W.T., and in an Inuit region

The signing the Inuvialuit Qitunrariit Inuuniarnikkun Maligaksat (Inuvialuit Family Way of Living Law) on Nov. 24, 2021. From left to right: Lawrence Ruben, Gerald Inglangasuk, Duane Ningaqsiq Smith, Jordan McLeod, John Lucas Jr. (Submitted by Inuvialuit Regional Corporation.)

Inuvialuit youth in child and family services will now be supported to remain in their home communities after a new law was signed in Inuvik, N.W.T., on Wednesday.

The new legislation was implementedby the Inuvialuit Regional Corporation (IRC), the government that represents the collective interests of theInuvialuitthewestern Arctic Inuit in the N.W.T.

This was the first of its kind created by an Indigenous governmentin the N.W.T., and the first in an Inuit region.

Now, Inuvialuityouth knownasbeneficiaries, which aremembers or descendants of a memberrepresented by theIRC,entering child and family services anywhere in the country will be supported so they can remain in their home community, unless there are exceptional circumstances.

This means youth who are currently in child and family services anywhere in Canada will have the opportunity to return to theInuvialuit Settlement Region (ISR) which includes Inuvik, Aklavik, Paulatuk, Sachs Harbour, Tuktoyaktuk and Ulukhaktok.

Jackie Jacobson, MLA for Nunakput,saidmany Inuvialuit youth are in the foster system in Alberta, andthis law can help bring them home.

Duane Ningaqsiq Smith, IRC chair, said residential schools have created intergenerational traumas that continue to affect Inuvialuit family relationships.

"Because of residential schools, the parents lost that communication with their children because some of them were taken away for years and when they went back home, they couldn't even speak the same language," he said. "Then it just became a vicious cycle."

That disconnect has beenworsened with the current child and family services system that keeps youth away from their culture and history, Smith said.

Smith said the new legislation will eventually allow the IRC to build its own child and family services that offers financial, cultural and educational supportfor Inuvialuit families. But he was clear in sayingit will not just replace the existing one run by the territorial government.

"It's going to be reflective of our culture and our approach, not just a sterile colonialist approach that's been implemented for the last 100 years," he says.

Smith says in order for the IRC to create its own child and family services system, it will need additional funding from the federal government.

'We're calling our own shots'

A man stares straight.
Nunakput MLA Jackie Jacobson says he is happy the IRC has passed legislation on child and family services, as he hopes it will ensure the children are able to have a relationship with their biological family. (Sara Minogue/CBC)

Jacobson, who isInuvialuit,has fostered numerous children with his wife, Jenny.

He saystheymake it a priority to teach all their children about their culture.

"I'm Inuvialuithunting, fishing, dog teams ... and we instill in them family," he said.

Jacobson saidhe is very happy with the new legislation as it will ensure more youth continue to be immersed in their culture.

"We're calling our own shots with what's happening with our Inuvialuit youth," he said,"not having our kids shipped out of our communities."

Jacobsonsaid he hopes the new lawwill ensure children in the foster system have a relationship with their biological family.

"We raised a lot of children.Every one of those kids, their parents have always been a part of their life," he said.

Bill C-92

The legislation became a reality as a result of federal legislation, Bill C-92, whichpassed in January 2020.

Thatlegislation grants First Nations, Mtis and Inuit communities and groups the authority to transition toward taking "partial or full jurisdiction over child and family services at a pace that they choose."

N.W.T. MP Michael McLeodoffered his congratulations to the IRC.

"This was the goal of Bill C-92. Ensuring the safety of Indigenous children is a critical component of reconciliation," he said.

According to anannual report of the Director of Child and Family Services (CFS) tabled in the N.W.T.'s Legislative Assembly on Wednesday, 98 per cent ofchildrenand youth who received child and youth services from the territorial government are Indigenous, while only57 per cent of children and youth in the N.W.T. are Indigenous.

Premier looks forward to working with IRC

N.W.T. Premier Caroline Cochrane issued congratulations to the IRC for passing the Inuvialuit Family Way of Living Law. (Walter Strong/CBC)

Smith said notice of the IRC's new legislation has been served to the federal government, as well as the Yukon government,Alberta government and the government of the Northwest Territories.

N.W.T. Premier Caroline Cochranecongratulated the IRC in a press release.

"This law is a big step forward in ensuring decisions are made in the best interests of Inuvialuit children, youth and families. We are committed to continuing to work with the Inuvialuit Regional Corporation moving forward," she wrote.

An IRC press release said the organization currently has theInuvialuit Social Development Program, which offers family support as well cultural programming.

But the new legislation will allow the IRC to create anentirelynew department thatwill lead thework and take on responsibility for child well-being and the implementation of the law.

The law is calledInuvialuit Qitunrariit Inuuniarnikkun Maligaksat, which translates to the Inuvialuit Family Way of Living Law.

Smith said the IRC decided to pass the law after visiting all the communities in the ISR and speaking with individuals about what was needed to ensure healthy families with Inuvialuit values.

All existing child and youth protection laws willremain in force as thenew legislation is implemented. Butthe new law immediately requires all levels of governmentto meet certain standards forInuvialuit children, youthand their families, who are in child and family services,an IRC press release said.

Smith saidhe's proud to leadthe first Indigenous organization in the N.W.T. to establish the legislation, and he doesn't expect it to be the last.