The Impacts Of First Nation Representatives In Child And Family Services

As the Child and Family Services ("CFS") landscape continues to evolve, First Nation Representatives play an important role in advocating for the rights of First Nations and their children, youth, young adults and families in the CFS context.

First Nation Representative Services, funded through the First Nations Child and Family Services ("FNCFS") Program, support First Nations in a variety of ways when their children, youth, young adults and families are involved, or at risk of involvement, with the Saskatchewan CFS system.

How a First Nation Representative serves their First Nation will depend on the unique needs of each community. At a high level, services could include:

Liaising between the First Nation and CFS providers by:

• Serving as the main contact between the First Nation and CFS providers
• Supporting the assertion of the rights and responsibilities of the First Nation under Saskatchewan CFS legislation and An Act respecting First Nations, Inuit and Métis children, youth and families (Bill C-92)
• Ensuring that CFS providers address the real needs of the First Nation's children, youth, young adults and families – including needs tied to their culture, land and the effects of colonization
• Participating in case planning and cultural plans

Supporting their children, youth, young adults and families by:

• Building and maintaining connections (including family, community and cultural connections) for children and youth involved in the Saskatchewan CFS system
• Helping to bring children and youth back home to the First Nation
• Facilitating reunification of children and youth with their family and the First Nation
• Supporting customary care and kinship care arrangements
• Monitoring arrangements imposed by the Court

Representing the First Nation in child protection hearings by:

• Receiving and responding to notices under Saskatchewan CFS legislation and Bill C-92
• Ensuring the First Nation's voice is heard in Court
• Communicating a First Nation's views and rights in Court
• Advocating for the importance of cultural continuity

The funding for First Nation Representative Services is currently subject to the Government of Canada's Transitional Terms and Conditions established in April 2025, following the decisions of the Canadian Human Rights Tribunal in the case of First Nations Child and Family Caring Society of Canada and Assembly of First Nations v. Attorney General of Canada (Representing the Minister of Indigenous and Northern Affairs Canada) (the "CHRT Case").

The Transitional Terms and Conditions are in effect until a final settlement agreement of the CHRT Case is negotiated and implemented to establish permanent, long-term funding structures for the FNCFS Program.

Under the Transitional Terms and Conditions, eligible expenditures include:

• Salaries and benefits for staff delivering First Nation Representative Services
• Training and professional development costs, including for Elders and Knowledge Keepers
• Legal services and professional fees
• Operational costs such as travel, accommodation and meals related to program delivery
• Family support services, including emergency assistance, reunification programs and other culturally relevant family services

Having a First Nation Representative allows a First Nation to ensure that its voice is heard – and that the rights of the First Nation and its children, youth, young adults and families are respected – in the Saskatchewan CFS system. By filling this role, a First Nation may impact decisions made and actions taken involving its children, youth, young adults and families even if the First Nation has not yet exercised its inherent right of self-government over CFS by revitalizing or making its own CFS law. For more information on First Nation advocacy in the Saskatchewan CFS system and child protection hearings, see our previous Insight.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.