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MEMORANDUM OF UNDERSTANDING ("MOU")
Between:
Manitoba Keewatinowi Okimakanak, Inc.
(as represented by the Grand Chief)
("MKO")
- 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 MKO First Nations assert that the Creator has given
First Nations peoples rights, powers and responsibilities
with respect to child and family matters in their traditional
territories since time immemorial.
- 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 the First Nations Child
and Family Services Agencies are currently 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.
- The parties acknowledge that the delivery of child and
family services and programs to First Nations people must
occur in a manner which respects their unique status,
as well as their cultural and linguistic heritage.
- The parties acknowledge that 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 First Nations
members.
- The First Nations have undertaken a plan of action to
design, develop and implement First Nations jurisdiction
and authority with respect to child and family services.
- The parties agree that Manitoba will participate upon
invitation by the parties to the Manitoba Framework Agreement
Initiative ("MFAI") in discussions regarding
jurisdiction, policy, funding, and development of child
and family services to First Nations people.
- The parties acknowledge that the development of community
based solutions 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.
This MOU shall be effective from the date of execution and will
remain in effect for a three (3) year period (the term).
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 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 (attached). |
| 2.2 |
The parties acknowledge
that the "Protocol" will include the developmental
requirements for legislative changes, new institutional arrangements
as may be appropriate and/or feasible in the delivery of child
and family services to First Nations. |
| 2.3 |
The Parties agree
that upon invitation by the parties to the MFAI, Manitoba will
accept the invitation to join the MFAI and participate
in addressing, among other issues, matters of jurisdiction and
funding of First Nations child and family services |
NON-DEROGATION
| 3.1 |
This MOU shall
not diminish, derogate or abrogate any existing treaty, legal
or inherent rights of First Nations people (Section 35(1) of
The Constitution Act). |
| 3.2 |
This MOU shall
not impede any existing initiatives or processes in the development
of the Manitoba Framework Initiative. |
TERM
This MOU shall be effective from the date of
execution and will remain in effect for a three (3) year period
(the term).
| 4.1 |
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, including the discussions with respect to
First Nations jurisdiction. |
MISCELLANEOUS
| 5.1 |
The parties may
revise this MOU during the term hereof in writing. |
| 5.2 |
Any party may terminate
this MOU upon three (3) months written notice to the other parties. |
| 5.3 |
Nothing in this
MOU is intended to preclude bilateral discussions or the reaching
an agreement on any matter of mutual interest between AMC/MKO
and Manitoba. |
| 5.4 |
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. |
| 5.5 |
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:
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MKO
at:
Manitoba at: |
200-701 Thompson Drive, Thompson MB R8N
2A0
Fax: (204) 778-7655
201 – 114 Garry Street, Winnipeg MB R3C 4V5
Fax: (204) 945-6717
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Memoranda
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