In response to recent challenges involving DCN children under provincial care, Chief and Council have approved new language in the DCN Act in order to strengthen DCN’s jurisdiction, including the authority of the Nîkâni-kaskihcikëw (Nikani, i.e. Executive Director), and ensure an orderly transition of files to CKAM.

The new provisions (sections 17(e) and (f)) now prohibit any Court – defined to include all federal, provincial, and Indigenous courts and administrative tribunals – from initiating or continuing any Proceeding (broadly defined to include suits, actions, disputes, investigations, applications, appeals, etc.) concerning a DCN child without the prior consent of the Nikani. Further, any Order made without such consent is deemed void and of no force or effect.  This means, for example, a court cannot issue a permanent or private guardianship order under Child Youth and Family Enhancement Act without the consent of CKAM’s Nikani.

The new language takes effect immediately, allowing DCN to rely on these provisions on a go-forward basis – for example, to require a Court to stay or terminate an ongoing Proceeding involving a DCN child where consent from the Nikani has not been obtained.

In accordance with Article 13.1(c) of the Mihtatakaw Sîpiy Awasak Wiyasiwêwin, this amendment will be brought to membership within 6 months for ratification.