AMO Law
Table of Contents
- DECLARATION
- SECTION ONE: PREAMBLE
- SECTION TWO: DEFINITIONS
- SECTION THREE: JURISDICTION
- SECTION FOUR: PURPOSE OF LAW
- SECTION FIVE: PRINCIPLES GOVERNING THIS LAW
- SECTION SIX: ROLE OF FAMILY
- SECTION SEVEN: DECISION-MAKING
- SECTION EIGHT: VOLUNTARY SUPPORT SERVICES
- SECTION NINE: AWASISAHK IN NEED OF PROTECTION
- SECTION TEN: DUTY TO REPORT AWASISAHK NEEDING PROTECTION
- SECTION ELEVEN: TRIBAL CUSTOM ADOPTION
- SECTION TWELVE: LOUIS BULL TRIBE AWASIS WELLBEING SYSTEM STRUCTURES
- SECTION THIRTEEN: GENERAL
- SECTION FOURTEEN: REGULATIONS
DECLARATION
We the Cree Peoples of Kispatinahk [the Tribe]
Kehcinâ k’semanitò kîmiyikonaw esa newo wiyasiwewina ekwa tâpiskoc ehnanâway’ opâskinikâteyiki ekosîs’es’wâpahtîkôsiyâhk nehiyaw pak’tin’kôsîwin K’semanitô, The Creator gave us our way of life that is based on Four Laws, which are like four curtains through which the world is revealed to us.
Manitô wiyasiwewin kiwîyôtamâkonaw kâkinonikwahk âcimowin.
The Law of the Creator makes up the overall plan for how this world was created and how history has unfolded.
Âcahkowiyasiwewin kiwîyôtamâkonaw tans’esi wahkòmayahk kohtâwiyinaw k’semanitô ekwa wihkask ekwa ospwâkan ekota eh ohc’mâmawiw tâpowakeyimayahk kikâwiyinaw askiy
The spiritual law is the basis for our relationship with the Creator. The Pipe and Sweetgrass are central to our worship and symbolize our deep reverence for Mother Earth.
Kikâwiyinaw mîna kitasiwatikonaw kâ ayisînîwiyahk otah askîw pimâtisiwin. Natural law governs how all creation exists. We are taught to live in balance and harmony with all beings. We will be sustained by the gifts of nature for as long as we do not upset its balance.
Kikiskinohtakikonaw tân’ses wahkôtohk otah kesi’kis’patinâwiyinîwiyahk. Customary law guides us in how we relate to each other as individuals and as Tribal Citizens.
Kawiyôtamâsonânaw kahkiyaw kîkway kâpimayispayik wâwîs cî kitaskîminaw ekwa niyanân esiîteyihtamahk.
We retain our inherent right and authority to govern ourselves and our Land, territory and resources.
Ekosi esi kaskihtayahk âcipikoh ehwiyôtamâsoyahk nitaskamikonân keyâpic mî’kahkiyaw kîkway ekwah naheyitamowinihk, kanaweyihtâkosôwinihk, wawetinah hayâwinihk, mamiyo machiowinihk, ekwa kisteyitowinihk, kamiyowihcetot ekwa tit’ohtisiyahk kahkiyaw.
We will continue to exercise jurisdiction over our Land, Territory and Resources; and provide a safe, secure, peaceful, healthy, caring and prosperous environment for our Peoples.
Creator gave us sovereignty to govern ourselves1.
Kawiyôtamâsonânaw kathkiyaw kîkway kâpimayispayik wâwîs cî kitaskîminaw ekwa niyanân esîteyihtamahk.
We retain our inherent right and authority to govern ourselves and our Land.
SECTION ONE: PREAMBLE
NEHIYEW IYINAYISIYINEW PAKITINKOSOWIN
Sovereignty protects our ways, as given to us by our Creator
Nistameyimakanak
Elders maintain that the Creator gave us sovereign title, collective possession and ownership of lands and territories.
In accordance with the Convention2, governments are to ensure that all children are given equal opportunities with other children to survive, develop and be protected and that the best interests and opinions of the children are taken into account in decision-making affecting them.
The Convention is the first international human rights Treaty, or agreement, to clearly address the Rights of Indigenous Children. As with all children, Indigenous children have the general right to education, health, to be registered at birth and to be protected from violence, abuse and exploitation.
Due to Indigenous peoples’ unique cultures and histories, Indigenous children have the right to learn, use and practice their own language, customs and religions together with other members of their community. The Convention3 states that governments should ensure that Indigenous children have access to information that is relevant and important to their wellbeing. The media, such as television, radio stations and newspapers, should be encouraged to provide this information in Indigenous languages. The Convention
further states that education should help all children learn to respect the cultural identities of others. This means that Indigenous and non-Indigenous children should have opportunities to learn, appreciate and respect each other’s cultures.
- Awasisak are gifts from our Creator.
- Louis Bull Tribe exercises its inherent sovereign jurisdiction over Awasis and Oskayahk wellbeing involving our Awasis and Oskayahk regardless of residency. This law is an exercise of our inherent jurisdiction to repatriate our Treaty Awasis and Oskayahk.
- In this Law, Louis Bull Tribe advances and protects the Treaty rights of its Tribal families: Elders, citizens Awasis, Oskayahk and future Awasisak.
SECTION TWO: DEFINITIONS
Abuse means neglect or emotional, psychological, physical, spiritual or sexual abuse
Authorized Person means a person authorized by the Director under this law
Awasis/Oskayahk means a person who is or, in the absence of evidence to the contrary, appears to be under the age of eighteen (18) years; hereinafter referred to as Awasisahk
Awasis, Oskayahk and Family Services Committee means an Awasis, Oskayahk and Family Service Committee established by a Community Agreement
Awasisahk Care Facility means an Awasisahk Care Facility approved by the Director under this Law
Awasisahk Protection Worker means an Awasisahk Protection Worker at the Asikiw Mostos O’ Society under this Law
Children’s Commissioner means the person appointed by the Louis Bull Tribe Chief & Council in Assembly pursuant to this Law
Council means the elected or selected Council of Louis Bull Tribe
Court means a court of competent jurisdiction
Custom Adoption is an arrangement through ceremony between two families who agree to raise the Awasisahk
Family means the Parents/Guardians, siblings, aunts, uncles and grandparents of a person, including members of the person’s maternal/paternal ancestry
Investigation Report means an investigation report required under this Law
Kinship Home means a Kinship Home approved by the “Children’s Commissioner” under this Law
Maskwacis Restorative Justice mediation circle dealing with families, Awasis and Oskayahk
Parent/Guardian is a person who is:
- the primary caregiver of the Awasisahk
- a person who is a biological parent of the Awasisahk
Parent/Grandparent/Kinship/Extended Family includes a person who has lawful custody of an Awasisahk, other than the Children Commissioner
Plan of Care Agreement means a Plan of Care Agreement made by an Awasisahk Protection Worker or other party authorized under this Law
Plan of Care Committee means a Cultural Care Plan established by an Awasisahk Protection Worker under this Law or by an Awasis and Family Services Committee under this Law
Taken In means an Awasisahk as a last resort has been removed from the care of his or her parent(s)/guardian(s) under this Law
Tribal Citizen plus means a Tribal citizen who is a registered member of the Louis Bull Tribe
Tribal Family Advocate means a person appointment by Louis Bull Tribe to advocate for families who may experience or require assistance of an advocate when dealing with prevention services, Awasis or Oskayahk protection concerns, to achieve equitable decisions in their lives. The family advocate will receive information or may be a representative for families, Awasis or Oskayahk who feel they are not properly receiving services from the Asikiw Mostos O’pikinawasiwin Society
Tribal Standards means tribal standards established under this Law by Louis Bull Tribe Elders
SECTION THREE: JURISDICTION
3.1 Awasisahk are gifts
3.2 Louis Bull Tribe exercises its inherent sovereign jurisdiction over Awasisahk wellbeing involving our Awasisahk regardless of residency. This law is an exercise of our jurisdiction to repatriate our Treaty Awasisahk.
3.3 In this Declaration, Louis Bull Tribe advances and protects the Treaty rights of its Tribal families: Elders, Citizens, Oskayahk and Awasis and future Awasisak.
3.4 Wherever there is a conflict of law; federal, provincial, municipal, or another First Nation this Askiwi Mostos O’pikinawasiwin Law is paramount
3.5 If an Awasisahk is in the care of a director under the Child, Youth, and Family Enhancement Act, the Awasisahk is deemed to be takin in under the Asikiw Mostos O’pikinawasiwin Law and Asikiw Mostos O’pikinawasiwin Law takes precedence over any order or decision in respect of the Awasisahk not made pursuant to the Asikiw Mostos O’pikinawasiwin Law.
3.6 If an Awasisahk is in the care of a director in any other jurisdiction within or outside Canada, the Awasisahk is deemed to be takin in under this Law takes precedence over any order or decision in respect of the Awasisahk not made pursuant to the Asikiw Mostos O’pikinawasiwin Law.
3.7 Any proceedings commenced but not fully disposed of under the Child, Youth, and Family Enhancement Act after the coming into force of the Asikiw Mostos O’pikinawasiwin Law shall be subject to this Law.
3.8 Any proceeding commenced but not fully disposed of under the Child, Youth, and Family Enhancement Act after the coming into force of the Asikiw Mostos O’pikinawasiwin Law shall be considered by the Children’s Commissioner in accordance with the Principles set out in the Asikiw Mostos O’pikinawasiwin Law.
3.9 After the coming into force of the Asikiw Mostos O’pikinawasiwin Law the court has no jurisdiction to consider any application or make any order pursuant to the Child, Youth and Family Enhancement Act in relation to a Louis Bull Tribe Child without the consent of the Children’s Commissioner.
Sections 3.5 – 3.9 Amendments
AMO Law as Amended, November 30, 2021
SECTION FOUR: PURPOSE OF LAW
- The objects of this Law are to:
- Ensure the safety and wellbeing of our Awasisahk, Families and Tribe;
- Acknowledge and respect the primary role of Parents/Guardians, Families and Tribe in safeguarding and promoting the wellbeing of our Awasisahk;
- Preventative support for Parents/Guardians, Families and Tribe in safeguarding and promoting the wellbeing of our Awasisahk;
- Provide for the protection and care of our Awasisahk in circumstances where their Parent/Guardian have not given, or are unlikely or unable to give that protection and care;
- Ensure that Louis Bull Tribe’s traditions, culture, values and language are maintained;
- Ensure custom adoptions only occur with the approval of the Louis Bull Tribe through Chief and Council, the Awasisahk and his/her Parents/Guardians;
- Establish the legislative framework for:
- The structure of the Asikiw Mostos O’pikinawasiwin Society;
- Protocol agreements with other Nation(s) for implementation of this Law in their Nation(s); and
- Licensing of Asikiw Mostos O’pikinawasiwin Kinship Care homes,
SECTION FIVE: PRINCIPLES GOVERNING THIS LAW
- This Law will be administered and interpreted in accordance with the following principles:
- The Parent/Guardian, Family of an Awasisahk have the primary role in safeguarding and promoting the Awasisahk’s wellbeing;
- The preferred way of safeguarding and promoting an Awasisahk’s wellbeing is to support the Awasisahk’s Parent/Guardian, Family and Tribe in the care of the Awasisahk;
- Awasisahk, Parents/Guardians, Families and Tribal Citizens are entitled to receive services in a manner that respects their traditions, culture, values and language;
- Every Awasisahk must be cared for and protected from harm;
- Every Awasisahk has a right to live in an environment free from violence and abuse4.
- Every Awasisahk is entitled to stable, secure and safe relationships and living arrangements;
- Intervention action will be taken only in circumstances where there is no other reasonable way to safeguard and promote the Awasisahk’s wellbeing;
- Intervention action should, as far as possible, promote Family and Tribal integrity and continuity;
- If an Awasisahk is removed from the Awasisahk’s Family then, so far as is consistent with the Awasisahk’s best interests, the Awasisahk must be given encouragement and support in maintaining contact with the Awasisahk’s Parent/Guardian, siblings and other relatives and with any other people who are significant in the Awasisahk’s life;
- If an Awasisahk is removed from the Awasisahk’s Family then, so far as is consistent with the Awasisahk’s best interests, planning for the Awasisahk’s care must occur as soon as possible in order to ensure long-term stability for the Awasisahk and must promote the early reunification of the Awasisahk with the Family;
- Awasisahk removed from their Family will be provided with a level of care adequate to meet their needs and consistent with Tribal Standards;
- Decisions about an Awasisahk should be made promptly having regard to the age, characteristics, circumstances and needs of the Awasisahk and there must be no unreasonable delay in carrying out a decision affecting an Awasisahk;
- Decisions about an Awasisahk must be consistent with traditions, culture, values and language relevant to the Awasisahk;
- An Awasisahk’s Parent/Guardian and any other people who are significant in the Awasisahk’s life will be given an opportunity and assistance to participate in Plan of Care Agreement under this Law that are likely to have a significant impact on the Awasisahk’s life; and,
- Traditions, culture, values and language are included within the concept of the “best interests” of the Awasisahk, and Asikiw Mostos O’pikinawasiwin Society under the Asikiw Mostos O’pikinawasiwin Law are compelled to respect the Louis Bull Tribal cultural and linguistic traditions of the families and Awasisahk they serve.
SECTION SIX: ROLE OF FAMILY – “EACH CHILD IS A SACRED BUNDLE”
6.1 The Family of an Awasisahk has the primary responsibility for safeguarding and promoting the wellbeing of the Awasisahk.
6.2 In fulfilling that responsibility, the Family will take the necessary steps to ensure the best interests of the Awasisahk are met.
6.3 In fulfilling that responsibility, the Family may bring up the Awasisahk in their tradition, culture, values and language and kinship in the Awasisahk the traditions, culture, values and language the Family chooses.
6.4 An Awasisahk may be Taken In only if there is no other reasonable way to safeguard and promote the wellbeing of the Awasisahk.
6.5 As far as practicable, and consistent with the best interests of the Awasisahk, if an Awasisahk is Taken In:
6.6 Contact between the Awasisahk and his or her Family must be encouraged and supported; and
6.7 The Awasisahk should eventually be returned to his or her Family with a safety plan in place.
Treating each Awasisahk with Respect
6.8 Each Awasisahk is a valued member of his or her Family and Louis Bull Tribe and is entitled to be treated in a way that respects the Awasisahk’s dignity and privacy.
6.9 Decisions involving an Awasisahk should be made:
6.9.1 Promptly having regard to the Awasisahk’s age, characteristics, circumstances and needs;
6.9.2 In a way that is consistent with the traditions, culture and values relevant to the Awasisahk; and
6.9.3 With the informed participation of the Awasisahk, the Awasisahk’s Family and other people who are significant in the Awasisahk’s life5.
Best Interests of the Awasisahk
6.10 Every Awasisahk has an inherent and basic right to:
6.10.1 Healthy food, water, shelter, clothing and health care;
6.10.2 Be protected and supervised to assure their safety and health; and
6.10.3 Receive nurturing, appropriate cultural teachings and quality education.
6.11 Where there is a reference in this Law to the best interests of an Awasisahk, all relevant factors must be taken into consideration in determining the best interests of an Awasisahk including the following factors, with a recognition that traditions, culture, values and language must be respected in making that determination:
6.11.1 The need to protect the Awasisahk from harm and abuse;
6.11.2 The capacity of the Awasisahk’s Parent/Guardian to protect the Awasisahk from harm and Abuse;
6.11.3 The Awasisahk’s physical, emotional, intellectual, spiritual, developmental and educational needs and the appropriate care or treatment to meet those needs;
6.11.4 The capacity of the Awasisahk’s Parent/Guardian, or of any other person, to provide for the Awasisahk’s needs;
6.11.5 The Awasisahk’s traditions, culture, values, language and spiritual upbringing and family ties;
6.11.6 The nature of the Awasisahk’s relationship with the Awasisahk’s Parent/Guardian, siblings and other relatives and with any other people who are significant in the Awasisahk’s life and wellbeing;
6.11.7 The attitude demonstrated by the Awasisahk’s Parent/Guardian to the Awasisahk, and to parental responsibility;
6.11.8 The risk that the Awasisahk may suffer harm through being removed from, kept away from, returned to, or allowed to remain in, the care of a Parent/Guardian;
6.11.9 The merits of any proposed plan of care for the Awasisahk;
6.11.10 The effects on the Awasisahk of a delay in making a decision;
6.11.11 The capacity and willingness of the Awasisahk’s Parent/Guardian or extended Family to care for the Awasisahk.
6.11.12 Any wishes or views expressed by the Awasisahk, having regard to the Awasisahk’s age and level of understanding in determining the weight to be given to those wishes or views;
6.11.13 The importance of continuity and stability in the Awasisahk’s living arrangements and the likely effect on the Awasisahk of disruption of those living arrangements, including separation from:
6.11.13.1 The Awasisahk’s Parent/Guardian; or
6.11.13.2 A sibling or Kinship of the Awasisahk; or
6.11.13.3 A caregiver or any other person with whom the Awasisahk is, or has recently been, living; or
6.11.13.4 Any other person who is significant in the Awasisahk’s life;
6.11.14 The need for the Awasisahk to maintain contact with the Awasisahk’s Parent/Guardian, siblings and other relatives and with any other people who are significant in the Awasisahk’s life;
6.11.15 The Awasisahk’s age, maturity, sex, sexuality, background and language;
6.11.16 The Awasisahk’s traditions, culture, values and language, including any need to maintain a connection with the traditions, culture, values and language of the Maskwacis/Kisipatnahk Cree/Treaty No. 6 Territory to be taken into account in determining what is in the best interests of an Awasisahk. The section above will be interpreted by/with Louis Bull Tribe customs and traditions paramountcy.
SECTION SEVEN: AWASISAHK PARTICIPATION IN DECISIONMAKING
7 When a decision involving an Awasisahk is made, the Awasisahk:
7.1 Should be given information and explanation in a way that the Awasisahk can understand; section above on the best interests of an Awasisahk does not limit the matters that may impact their life;
7.2 Should be given the opportunity to participate in the decision-making and to respond to the decision;
7.3 Should be given the opportunity to express their wishes and views freely;
7.4 Should be given adequate assistance in expressing clearly and accurately those wishes and views; and
7.5 Those wishes and views should be taken into account, having regard to the Awasisahk’s maturity and understanding.6
SECTION EIGHT: VOLUNTARY SUPPORT SERVICES
8 Voluntary Support Services and Agreements
8.1 The Asikiw Mostos O’pikinawasiwin Society may enter into a written agreement with a Parent/Guardian of an Awasisahk to provide programs and services or to assist others in providing programs and services, or to assist that Parent/Guardian in obtaining programs and services, to support and assist the Parent/Guardian in the care of an Awasisahk.
8.2 Requesting or accessing voluntary support services will be assessed as a positive activity in any legal proceeding involving the Awasisahk for whom support is sought.
Voluntary Support Services
8.3 The voluntary services to support and assist a Parent/Guardian may include:
8.3.1 Elders cultural support & guidance;
8.3.2 Professional counselling;
8.3.3 In-home support;
8.3.4 Respite care;
8.3.5 Parenting programs, includes Cree traditional parenting;
8.3.6 Services for improving the Family’s financial situation;
8.3.7 Services for improving the Family’s housing;
8.3.8 Drug or alcohol treatment and rehabilitation;
8.3.9 Mediation of disputes;
8.3.10 Services to assist the family to deal with the illness of an Awasisahk or a family member; and
8.3.11 Any other services agreed to by the Asikiw Mostos O’pikinawasiwin Society in the raising of Awasisahk.
8.4 Term of Voluntary Services Agreement
The initial term of a voluntary services agreement must not exceed six months, and an agreement may be extended for one or more terms not exceeding six months each.
SECTION NINE: AWASISAHK IN NEED OF PROTECTION
9 Interpretation
The section below describing when an Awasisahk is in need of protection will be interpreted with a recognition that differing but relevant traditions, culture, values and language must be respected and in accordance with Louis Bull Tribe customs and traditions paramountcy.
9.1 Awasisahk Who Needs Protection
An Awasisahk needs protection where:
9.1.1 The Awasisahk has suffered or is at risk of suffering physical, mental, emotional, psychological, sexual, spiritual harm inflicted by the Awasisahk’s’ Parent/Grandparent/Kinship/Extended Family or caused by the Parent/Guardian’s unwillingness or inability to care and provide for or supervise and protect the Awasisahk adequately;
9.1.2 The Awasisahk has not been provided with the necessities of life being shelter, food, medical care, mental health care, dental care or education if not immediately remedied, could seriously impair the Awasisahk’s growth or development or result in permanent injury or death;
9.1.3 The Awasisahk has been or is at risk of being sexually molested or sexually exploited by the Awasisahk’s Parent/Guardian or by another person where the Awasisahk’s Parent/Guardian knew or should have known of the possibility of sexual molestation or sexual exploitation and was unwilling or unable to protect the Awasisahk;
9.1.4 The Awasisahk has demonstrated severe anxiety, depression, withdrawal, self- destructive behaviour, or aggressive behaviour towards others or any other severe behaviour that is consistent with the Awasisahk having suffered emotional harm or at risk of suffering emotional harm, and the Awasisahk’s Parent/Guardian does not provide, or refuses or is unavailable or unable to consent to the provision of services, treatment or healing processes to remedy or alleviate the harm;
9.1.5 The Awasisahk’s health or emotional or mental wellbeing has been harmed or is at risk of being harmed by the Awasisahk’s use of alcohol, drugs, solvents or similar substances and the Awasisahk’s Parent/Guardian is unavailable, unable or unwilling to properly care for the Awasisahk;
9.1.6 The Awasisahk has been abandoned or orphaned without adequate provision for the Awasisahk’s care or custody, and the extended family has not made adequate provision for the Awasisahk’s care or custody or the Parent/Guardian is unwilling or unable to provide care for the Awasisahk.
SECTION TEN: DUTY TO REPORT AWASISAHK NEEDING PROTECTION
10.1 Duty to Report
A person who has information that an Awasisahk is in need of protection will, without delay, report the matter:
10.1.1 To an Awasisahk Protection Worker; or
10.1.2 If an Awasisahk Protection Worker is not available, to the RCMP or an Authorized Person.
10.2 Confidentiality and Privilege
The duty to report applies even where the information reported is confidential or privileged. The person who reports that an Awasisahk may remain anonymous. The Asikiw Mostos O’pikinawasiwin Society is not obligated to release the name of the person who provided the report.
10.3 Civil liability
10.3.1 No action will be commenced against a person for reporting information in accordance with the duty to report unless it is done maliciously.
10.3.2 The duty to report revokes any privilege that may exist between a solicitor and the solicitor’s client.
10.4 Offence and Punishment
Every person who fails to report an Awasisahk in need of protection shall be subject to Tribe’s strictly enforced measures.
10.5 Procedures to Assessment and Investigation Reports
The procedures for assessing the need for protection and for investigations shall be established by regulation under this Law.
10.6 Action Where a Need for Protection Exists
Where it is determined that there are reasonable grounds to believe that the Awasisahk needs protection or the Awasisahk’s health or safety is in danger, the Awasisahk Protection Worker, peace office or Authorized Person:
10.6.1 May Take In the Awasisahk under this Law;
10.6.2 May offer voluntary support services to the Parent/Guardian without entering into an agreement under section 21 until a Plan of Care Agreement commences or a Court makes an order;
10.6.3 Will make every effort with the Family of the Awasisahk to arrange customary care according to Louis Bull Tribe’s traditions, culture, values and Tribal Standards where the Awasisahk will be placed in the care and supervision of a person other than the Parent/Guardian who has immediate care of the Awasisahk; and
10.6.4 Will within ten (10) days after the report is made or the matter is referred and where no customary care arrangement has been put in place, establish a Plan of Care Committee, whether or not the Awasisahk has been Taken In.
10.7 Referral to Awasisahk Protection Worker
Where an Awasisahk has been Taken In by a peace officer or an Authorized Person, he or she will, without delay, notify an Awasisahk Protection Worker of the Taking In and refer the matter to the Awasisahk Protection Worker.
10.8 Action following Taking In Awasisahk – Protocol
Where an Awasisahk Protection Worker Takes In an Awasisahk under this Law or a matter is referred to the Awasisahk Protection Worker under this Law, the Awasisahk Protection Worker:
10.8.1 Will investigate the Awasisahk’s need for protection;
10.8.2 May offer voluntary support services to the Parent/Guardian without entering into an agreement under section 8.2 until a Plan of Care Agreement commences;
10.8.3 Will make every effort with the Family of the Awasisahk to arrange customary care according to the Louis Bull Tribe customs and standards where the Awasisahk will be placed in the care and supervision of a person other than the Parent/Guardian who has immediate care of the Awasisahk;
10.8.4 Will within ten (10) days after the report is made or the matter is referred and where no customary care arrangement has been put in place, establish a Cultural Care Plan; and,
10.8.5 Support the Family to take necessary steps to ensure the best interests of the Awasisahk are met.
10.9 Return of Awasisahk to Parent/Guardian
Where an Awasisahk has been Taken In under this Law and the Awasisahk is returned within seventy-two (72) hours to his or her Parent/Guardian, an Awasisahk Protection Worker will not establish a Plan of Care Committee.
10.10 Return to person having lawful custody
The Awasisahk will not be returned to a person who does not have lawful custody of the Awasisahk unless the person had the actual care of the Awasisahk at the time the Awasisahk was Taken In and that person is able to meet the best interests of the Awasisahk.
10.11 Investigation Report
After an Investigation Report is completed, an Awasisahk Protection Worker will, in accordance with any guidelines of the Asikiw Mostos O’pikinawasiwin Society where he or she is employed, prepare a report on the investigation of the facts of the case including a description of any measures taken to protect the Awasisahk, and provide a copy of the report to the Children’s Commissioner.
10.12 Action where Awasisahk does not need protection
Notwithstanding any other provision of this Law, where an Investigation Report is completed and, based on the Investigation Report, an Awasisahk Protection Worker is of the opinion that the Awasisahk who is the subject of the Investigation Report does not need protection:
10.12.1 A Cultural Care Plan will not be established and if it has been established, it will be dissolved, and any Plan of Care Agreement will be deemed to have terminated;
10.12.2 Where the Awasisahk has been Taken In, the Awasisahk will be returned to his or her Parent/Guardian or the person having actual care of the Awasisahk at the time of the Taking In.
10.13 Return to person having lawful custody
Where an Awasisahk does not need protection in the opinion of an Awasisahk Protection Worker, the Awasisahk will not be returned to a person who does not have lawful custody of the Awasisahk unless the person had the actual care of the Awasisahk at the time the Awasisahk was Taken In.
10.14 Customary Care and Voluntary Plans of Care
Every effort will be made by Asikiw Mostos O’pikinawasiwin Society, Asikiw protection worker along with the family to develop a cultural plan of care or customary care arrangement in respect of the Awasisahk in need of protection.
10.15 Cultural Care Plan and Agreement
The Asikiw Mostos O’pikinawasiwin will establish:
10.15.1 The process and standards for establishing a Plan of Care;
10.15.2 The composition of the Plan of Care;
10.15.3 The procedures to be followed by the Plan of Care;
10.15.4 The authority, duties and responsibilities of the Plan of Care;
10.15.5 The structure, format and maximum term for Plan of Care Agreements;
10.15.6 The responsibilities of the parties named in Plan of Care Agreements;
10.15.7 The consents required to implement Plan of Care Agreements;
10.15.8 Procedures to review Plan of Care Agreements.
10.16 Method of Taking In
A person who is authorized to Take In an Awasisahk under this Law may, without a warrant, enter a place by day or night, using force if necessary to effect entry, to Take In the Awasisahk.
Where a Taking In occurs on Louis Bull Tribe’s lands, the person who is authorized to Take In an Awasisahk under this Part must respect the Louis Bull Tribe protocol for Taking In and provide notice to the Awasis family of origin and Asikiw Mostos O’pikinawasiwin Society of such Taking In.
SECTION ELEVEN: TRIBAL CUSTOM ADOPTION
11.1 The adoption of an Awasisahk requires the consent of:
11.1.1 The Parents/Guardians of the Awasisahk;
11.1.2 The Tribe that the Awasisahk belongs to; and,
11.1.3 The Tribe that the Parents/Guardians belong to, if different than the Awasisahk.
11.2 Louis Bull Tribe’s custom adoption and practices are recognized and affirmed by this Law.
SECTION TWELVE: LOUIS BULL TRIBE AWASIS WELLBEING
12.1 SYSTEM STRUCTURES
The Asikiw Mostos O’pikinawasiwin Wellbeing System is comprised of:
12.1.1 The Louis Bull Tribe that enact this Law:
12.1.2 Asikiw Mostos O’pikinawasiwin Law
12.1.3 Asikiw Mostos O’pikinawasiwin Preventions Services Act
12.1.4 Office of the Children’s Commissioner
12.2 The Asikiw Mostos O’pikinawasiwin Society;
12.3 The Asikiw Mostos O’pikinawasiwin Wellbeing Committee; and
12.4 The Family Advocate
12.2 First Nation Jurisdiction and Authority
12.2.1 Louis Bull Tribal governance and inherent law-making authority7 over Awasisahk wellbeing is entrusted to the Chief and Council of the Louis Bull Tribe by the Constitution for the Tribal Government of the Louis Bull Tribe and Tribal Citizens.
12.2.2 The Chief and Council and Tribal citizens shall respect the cultural practices, tribal standards, traditions, values and language of the tribe in relation to Awasisahk wellbeing.
12.3 Asikiw Mostos O’pikinawasiwin Society
The Asikiw Mostos O’pikinawasiwin Society is responsible to the day-to-day delivery of Awasisahk wellbeing programs and services in collaboration with the tribal community (on and off reserve), families, local and regional social, health, educational, policing and other agencies and organizations.
12.4 Asikiw Mostos O’pikinawasiwin Society Board of Governors
The Asikiw Mostos O’pikinawasiwin Society Board of Governors is a collective body established by the Louis Bull Tribe to support and further enhance the delivery of Awasisahk wellbeing programs and services by the tribe. The Coordinating Body has no law-making authority over Awasisahk wellbeing.
By this Law, the Louis Bull Tribe Asikiw Mostos O’pikinawasiwin Society Board of Governors is established to:
12.4.1 Support the implementation, compliance and enforcement of this Law;
12.4.2 Receive, administer, distribute and report on funding secured to support the Asikiw Mostos O’pikinawasiwin Society system and the implementation of this Law;
12.4.3 Establish policies and guidelines relating to the operation of the Asikiw Mostos O’pikinawasiwin Society system;
12.4.4 Develop and implement programs and services to support Awasisahk wellbeing;
12.4.5 Be the central liaison and coordinating body for the Louis Bull Tribe regarding Awasisahk wellbeing matters; and
12.4.6 Carry out of any other powers, duties and functions delegated by the Asikiw Mostos O’pikinawasiwin Children’s Commissioner.
12.5 Asikiw Mostos O’pikinawasiwin Society Children’s Commissioner
12.5.1 A Children’s Commissioner will be appointed by Louis Bull Tribal Resolution and remain accountable to the Board of Governors of Asikiw Mostos O’pikinawasiwin Society.
12.5.2 The Children’s Commissioner is responsible to oversee implementation, compliance and enforcement of this Law.
SECTION THIRTEEN: GENERAL
13.1 Louis Bull Chief and Council will approve a Tribal funding agreement by resolution or by law to confirm the Tribe’s decision to fund the Asikiw Mostos O’pikinawasiwin Society to deliver Awasis protection services, prevention services and Louis Bull Tribe Awasisahk and families have equitable access protection and prevention services and supports regardless of on or off Louis Bull Tribal lands.
13.2 A Non-Derogation clause shall be included in all funding agreements: For greater certainty, nothing in this Law shall be construed so as to prejudice, abrogate or derogate from the Aboriginal and Treaty rights of the Louis Bull Tribe and their respective citizens or from any obligation from/of Canada to the Louis Bull Tribe pursuant to Treaties, statutes and the Constitution, include those rights identified within section 35 of the Constitution Act, 1982.
13.3 Tribal Funding Agreement
13.3.1 Delegates to the Children’s Commissioner the authority and responsibility for any matter set out in this Law;
13.3.2 Establishes Asikiw Mostos O’pikinawasiwin Society, Board of Governors and defines its role in the Louis Bull Tribe, in addition to its powers and duties under this Law, and establishes the term of office of its members and the procedures by which the Asikiw Mostos O’pikinawasiwin Society Board of Governor’s will conduct its meetings and exercise its powers and perform its duties under this Law; and
13.3.3 Sets out the procedure for establishing and amending Asikiw Mostos O’pikinawasiwin Society Standards and making the citizens of the Louis Bull Tribe aware of Tribal Standards.
13.4 Asikiw Mostos O’pikinawasiwin Society
An Asikiw Mostos O’pikinawasiwin Society Board of Governors is an entity of the Louis Bull Tribe. This entity will exercise its powers and perform its duties in accordance with this Law, the regulations and the Tribal funding Agreement.
13.5 First Nation Appointment of Members
The members of the Asikiw Mostos O’pikinawasiwin Society Board of Governors will be appointed by the Chief and Council for the term set out in the Community Agreement.
13.6 Society Funding Agreement
The Board of Governors of the Asikiw Mostos O’pikinawasiwin Society will be authorized to enter into a Community Agreement with the Louis Bull Tribe:
13.6.1 Confirming the Society has the authority and responsibility to implement this Law and deliver Awasisahk wellbeing programs and services;
13.6.2 Specifying the Louis Bull Tribe/off reserve tribal Awasisahk/members/and potential to be registered Awasisahk the Society serves;
13.6.3 Specifying the Louis Bull Tribe for whom the Society may act; and
13.6.4 Establishing an Awasisahk and Family Services Board of Governors and defining its role in the Louis Bull Tribe or communities in which it may act, in addition to its powers and duties under this Law, and establishing the term of office of its members and the procedures by which the Asikiw Mostos O’pikinawasiwin Society Board of Governors will conduct its meetings and exercise its powers and perform its duties under this Law.
13.7 Powers and Duties of Asikiw Mostos O’pikinawasiwin Society
The Asikiw Mostos O’pikinawasiwin Society has, subject to the terms and conditions of a Tribal Funding Agreement, the power and will perform the duties delegated to the Society by the Tribal Funding Agreement.
13.8 Asikiw Mostos O’pikinawasiwin Society Board of Governors
The Asikiw Mostos O’pikinawasiwin Society is comprised of a Board of Governors of the Society and will exercise its powers and perform its duties in accordance with this Law, the regulations and the Tribal Funding Agreement.
13.9 Tribal Standards
The Louis Bull Tribe will establish culturally aware Tribal Standards to be used in determining:
13.9.1 The level of care adequate to meet an Awasisahk’s needs in the best interests of the Awasisahk section of this Law; and
13.9.2 Whether or not an Awasisahk needs protection under this Law.
13.10 Minimum Tribal Standards
Tribal Standards must include the minimum Tribal standards established by the regulations under this Law.8
13.11 Duty to Tribal members of Tribal Standards
Asikiw Mostos O’pikinawasiwin Society will make the citizens of the Louis Bull Tribe aware of the Community Standards in accordance with the procedure set out in the Tribal Agreement.
13.12 Awasisahk Care Facility or Foster Home
Asikiw Mostos O’pikinawasiwin Society has the authority to approve Awasisahk Care Facilities and Foster Homes in accordance with Tribal Standards and the regulations under this Law.
13.13 Obligation to support Awasisahk
Nothing in this Law relieves any person who has an obligation to support an Awasisahk from that obligation, and the fact that support is being provided does not deprive the Children’s Commissioner or an Awasisahk Protection Worker of any power or right conferred on the Children’s Commissioner or an Awasisahk Protection Worker by this Law or the regulations.
13.14 Liability
The Children’s Commissioner, assistant Commissioner, Awasisahk Protection Workers, Authorized Persons and any other person having powers or duties under this Law or the regulations will not be legally liable for anything done or not done by him or her in good faith in the performance of his or her duties or in the exercise of his or her powers.
13.15 Confidentiality and Disclosure Confidentiality
Any information or record of information relating to an Awasisahk or his or her Parent/Guardian is confidential where it is received, obtained or retained by any person:
13.15.1 Under this Law or the regulations;
13.15.2 In the exercise of his or her powers or in the performance of his or her duties under this Law or the regulations;
13.15.3 Who operates an Awasisahk Care Facility or Foster Home respecting an Awasisahk in the care of the Awasisahk Care Facility or Foster Home; or
13.15.4 Who is employed by or retained on contract to provide services to an Awasisahk Care Facility or Foster Home respecting an Awasisahk in the care of the Awasisahk Care Facility or Foster Home.
13.16 Prohibition on disclosure and communication of information
No person required to maintain confidentiality under this Law will disclose or communicate any information or record of information to any person except:
13.16.1 Where necessary or appropriate in the exercise of his or her powers or in the performance of his or her duties under this Law or the regulations;
13.16.2 With the written consent of the person to whom the information or record relates;
13.16.3 Where giving evidence in Court;
13.16.4 On the order of a Court;
13.16.5 To a person appointed to conduct an Investigation Report under this Law;
13.16.6 To the Children’s Commissioner, an assistant commissioner, an Awasisahk Protection Worker or an Authorized Person, at their request;
13.16.7 To a peace officer, if the person believes on reasonable grounds that:
13.16.7.1 Failure to disclose the information or record of information is likely to cause physical or emotional harm to a person or serious damage to property, and
13.16.7.2 The need for disclosure is urgent;
13.16.8 Where a disclosure or communication is required for the purposes of this Law or to protect an Awasisahk;
13.16.9 Where necessary for the provision of care, counselling or education to the Awasisahk;
13.16.10 Where, in the opinion of the Children’s Commissioner, the benefit of the release of the information would clearly outweigh any invasion of privacy that could result from the release; or
13.16.11 Where it is required for the purposes of this Law.
13.17 Use of Information
Any information or record of information disclosed under this Law will be used only for the purpose for which it was disclosed and will not be disclosed further.
13.18 Exception
The confidentiality requirements do not apply to an Awasisahk who is a member of a Cultural Care Plan and the subject of the Plan of Care Agreement.
13.19 Exchange of Information
The Children’s Commissioner may, in accordance with the regulations, disclose information or a record of information in his or her possession relating to any person in connection with this Law to a person who or agency that in a First Nation, province or territory performs substantially the same functions as the Children’s Commissioner where that information or record of information is reasonably required by that person or agency in order to provide services to the person who is the subject of the information or to protect an Awasisahk.
13.20 Offence and Punishment Prohibitions
No person will:
13.20.1 Induce or attempt to induce an Awasisahk to run away from an Awasisahk Care Facility, Foster Home or a person entrusted with the care of the Awasisahk under this Law;
13.20.2 Remove or attempt to remove an Awasisahk unlawfully from the care, custody, control or charge of the Director, assistant Director or an Awasisahk Protection Worker;
13.20.3 Detain or knowingly harbour a runaway Awasisahk placed in the temporary or permanent custody of the Director;
13.20.4 Having the care, custody, control or charge of an Awasisahk, abandon the Awasisahk, without having made adequate provision for the Awasisahk’s care and custody, or Abuse or harm the Awasisahk, or procure the abandonment, Abuse or harm of the Awasisahk; or
13.20.5 Omit to perform a duty imposed on him or her by or under this Law.
13.21 Offence and Punishment
13.21.1 Louis Bull Tribe may enforce this law in accordance with its Tribal Standards and traditions, including restorative justice model.
13.21.2 Every person who breaks this Law may be subject to sanctions by the Louis Bull Tribe in a manner that is consistent with Tribal customs, culture, practices and values provided that such sanctions are proportionate to the seriousness of the offence.
13.22 Review and Amendment of Law
This law shall be reviewed at least annually and amended by Chief and Council as required.
SECTION FOURTEEN: REGULATIONS
14 The Children’s Commissioner in consultation with and with the approval of the Louis Bull Tribe, may make Regulations:
14.1 For the purposes of supporting how the Awasisahk’s expression of wishes and views and how they take that into account;
14.2 Respecting the establishment of Plan of Care Committees including the selection of a person to sit as the member;
14.3 Respecting the procedures by which a Cultural Care Plan will conduct its meetings and exercise its powers and perform its duties under this Law and the regulations;
14.4 Respecting the selection of a person to be invited to sit as the member of Asikiw Mostos O’pikinawasiwin Society;
14.5 Where a person is or is to be a member of a Cultural Care Plan and is ineligible to sit as a member, respecting the circumstances in which the Asikiw Mostos O’pikinawasiwin Board or the Awasisahk Protection Worker, as the case may be, will invite another person of the same category to sit as a member;
14.6 Where a member of a Cultural Care Plan is unable or unwilling to continue to sit as a member, respecting the circumstances in which the Asikiw Mostos O’pikinawasiwin Board or the Awasisahk Protection Worker, as the case may be, will be, will invite another person of the same category to sit as a member;
14.7 Respecting the removal of a member of a Plan of Care Committee;
14.8 Respecting Plan of Care Committees;
14.9 Respecting the applicable Tribal organizations that must be served with a copy of an originating notice and affidavit under this Law;
14.10 Respecting the form of a consent to placing an Awasisahk in the permanent custody of the Children’s Commissioner for the purpose of custom adoption;
14.11 Respecting additional powers and duties of the Director;
14.12 Respecting the minimum Tribal Standards that must be included in the Tribal Standards established by an agency that is a party to a Tribal Agreement;
14.13 Respecting standards of living accommodation to be maintained by Awasisahk care facilities, Foster Homes and persons entrusted with the care of an Awasisahk under this Law, including different standards for different categories of Awasisahk care facilities and Foster Homes or to take into account cultural differences;
14.14 Respecting Awasisahk care facilities and Foster Homes;
14.15 Respecting the procedure for the disclosure of information by the Children’s Commissioner;
14.16 Respecting the procedure to be used in proceedings and applications under this Law and providing that certain portions or provisions of the rules of Courts of competent jurisdiction do or do not apply to these proceedings and applications; and
14.17 Respecting any other matter that, in the opinion of the Children’s Commissioner, is necessary for carrying out the purposes and provisions of this law.
1 UN Declaration on the Rights of Indigenous Peoples
2 Convention on the Rights of the Child
3 Comment No. 11
4 UN Declaration on the Rights of Indigenous Peoples Article 22
5 Convention on the Rights of the Child
6 Convention on the Rights of the Child
7 Louis Bull Tribal Constitution (February 2018)
8 May incorporate by reference CRC Comment No. 11 in the Regulations and/or Cree Traditional Parenting
