Contenu de la décision
CHILD AND FAMILY LAW OF THE PAUINGASSI FIRST NATION WHEREAS the people of the Pauingassi First Nation have been subject to government policies of assimilation such as residential schools and the removal of children from homes by the Children’s Aid Society and adoption both within and outside the Province of Manitoba primarily to non-Aboriginal homes, and as a result have lost countless children who are no longer able to contribute to the growth of our community; AND WHEREAS the future of the Pauingassi First Nation depends upon the children continuing to be a part of and connected with the community; AND WHEREAS it is part of our culture and heritage to help one another and care for families who are having difficulty caring for themselves; AND WHEREAS it is sometimes necessary for us to ask people who are not members of the Pauingassi Pauingassi First Nation to care for our children when their families and other resources within the community are unable to do so; Page 1 of 4
AND WHEREAS the Pauingassi First Nation has the right to govern and make laws in relation to care for our children; AND WHEREAS the Chief and Council have the authority to care for our children within the terms of the Indian Act. R.S.C. 1985, c. I-5, as amended and in particular, subsections 81 (1) (a), (c) and (d) thereof; AND WHEREAS the Pauingassi First Nation finds: 1. that there is no resource that is more vital to the continued existence and integrity of the First Nation than our children; 2. that an alarmingly high percentage of Aboriginal families are broken up by the removal of our children from our community; and 3. that the removal of our children and placement under the care of non- First Nation entities and families has too often hurt our children emotionally and serves to fracture the strength our community, thereby contributing to social breakdown and disorder within our reserve; 4. that families need to have the confidence that their children will be returned to them if they ask for help in caring for them when they are unable to do so; Page 2 of 4
AND WHEREAS the Local Child Care Committee of the Pauingassi First Nation has recommended that we take steps to protect our children and community in a manner as set out in the body of this law; THE PAUINGASSI FIRST NATION DOES HEREBY ENACT THE FOLLOWING CHILD AND FAMILY LAW: 1. Subject to such laws which the Pauingassi First Nation shall enact from time to time, Southeast Child and Family Services Inc. shall be responsible for directing and delivering services to families and children of the Pauingassi First Nation. 2. Decisions regarding services for individual children and their families shall be made by Southeast Child and Family Services Inc. after consultation with the Local Child Care Committee. 3. Permanent guardianship of a child who is a member of the Pauingassi First Nation shall not be transferred to any person who is not a member of the Pauingassi First Nation, except Southeast Child and Family Services Inc. Page 3 of 4
4. No child who is a member of the Pauingassi First Nation shall be adopted by any person who is not a member of the Pauingassi First Nation without the consent of the Local Child Care Committee and the Chief and Council. 5. This law is effective from the date it is signed and shall apply to all children, including those who are the subject matter of an application for guardianship or adoption which has been made, but not yet granted, on a date prior to the passing of this law. COUNCILLOR COUNCILLOR A QUORUM FOR THE PAUINGASSI FIRST NATION IS 3 OF 4. THE LOCAL CHILD CARE COMMITTEE OF THE PAUINGASSI FIRST NATION HAS RECOMMENDED THIS LAWTO THE CHIEF AND COUNCIL OF THE PAUINGASSI FIRST NATION AND AGREES THAT IT IS IN THE BEST INTEREST OF THE CHILDREN AND THE COMMUNITY. Page 4 of 4
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