MEMORANDUM OF UNDERSTANDING ("MOU")
The Assembly of Manitoba Chiefs
(representing the Southern First Nations
as represented by the Grand Chief),
- and -
Her Majesty the Queen in Right of the Province
(as represented by the Minister of Family Services
and the Minister of Aboriginal and Northern Affairs),
- 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
- 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
NOW THEREFORE THE PARTIES hereby agree to adopt
the process as hereinafter described towards achieving the following
||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.
||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.
This MOU shall be effective from
the date of execution and will remain in effect for a three (3)
year period (the term).
||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.
||The parties may revise this MOU during the
term hereof in writing.
||Any party may terminate this MOU upon three
(3) months written notice to the other parties.
||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.
||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.
||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
|| 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
Memoranda of Understanding Page