Memorandum of Understanding AMC

MEMORANDUM OF UNDERSTANDING ("MOU")

Between:

The Assembly of Manitoba Chiefs

(representing the Southern First Nations

as represented by the Grand Chief),

("AMC")

- and -

Her Majesty the Queen in Right of the Province of Manitoba

(as represented by the Minister of Family Services and Housing

and the Minister of Aboriginal and Northern Affairs),

("Manitoba").

WHEREAS:

The parties agree that a process shall be established to implement changes in the delivery of child and family services programs in Manitoba based upon the Child Welfare Recommendations as set forth in the Report of the Aboriginal Justice Inquiry of Manitoba (1991) (AJI Report).
The parties acknowledge that they are governed by The Child and Family Services Act and The Adoption Act in the delivery of child and family services and programs in Manitoba in accordance with the Declaration of Principles as set forth in The Child and Family Services Act, as well as the Purpose of The Adoption Act as set forth in section 3 thereof.
It is acknowledged that the delivery of child and family services and programs to First Nations people within Manitoba must occur in a manner which respects their unique status, as well as their cultural and linguistic heritage.
The family is sacred and the first resource for the well-being of children.
The parties acknowledge that the First Nations people have a right to control the delivery of child and family services and programs for their respective community members.
The parties acknowledge that solutions developed locally with respect to both the delivery of child and family services and programs, as well as adoption services are the most effective and practical approach towards ensuring self-determination and healthy communities.

NOW THEREFORE THE PARTIES hereby agree to adopt the process as hereinafter described towards achieving the following objective.

OBJECTIVE

1.1	The parties acknowledge that First Nations shall be responsible for the delivery of the full range of services under The Child and Family Services Act, as well as adoption services as under The Adoption Act to First Nation members residing on- and off-reserve in Manitoba.

PROCESS

2.1	The parties shall enter into a separate arrangement, hereinafter referred to as the "Child and Family Services Protocol," that will provide the framework for a joint implementation process leading to the establishment of a province-wide child and family services mandate for First Nations.

TERM

This MOU shall be effective from the date of execution and will remain in effect for a three (3) year period (the term).

3.1	This MOU shall be reviewed annually by the parties during the term in order to assess the progress of the Child and Family Services Protocol.

MISCELLANEOUS

4.1	The parties may revise this MOU during the term hereof in writing.
4.2	Any party may terminate this MOU upon three (3) months written notice to the other parties.
4.3	Nothing in this MOU is intended to preclude bilateral discussions or the reaching of an agreement on any matter of mutual interest between AMC and Manitoba.
4.4	The parties acknowledge that this MOU is not a legally binding instrument but rather a common resolve to establish a joint implementation process, referred to as the Child and Family Services Protocol, in a manner that is consistent with the objective as set forth in paragraph 1.1.
4.5	Nothing in the Memorandum of Understanding or in any other arrangements or agreements described in the Memorandum is intended to alter aboriginal or treaty rights recognized and affirmed by Section 35 of the Constitution Act, 1982.
4.6	Any notice or other communication to any of the parties hereto under this MOU shall be in writing, and shall be delivered personally to each of the parties, or an officer thereof, or sent by registered mail, postage prepaid or by facsimile transmission to: AMC at: 200 – 260 St. Mary Avenue, Winnipeg MB R3C 0M6 Fax: (204) 956-2109 Manitoba at: 201 – 114 Garry Street, Winnipeg MB R3C 4V5 Fax: (204) 945-6717