7/23 Indian Children - Section 36 (3)

Indian Children - Section 36 (3)
“Where the child who is subject of a proceeding is known to be Indian or may be Indian, the Mi’kmaq Family Services of Nova Scotia shall receive notice in the same manner as a party to the proceeding and may, with its consent, be substituted for the agency that commenced the proceeding”


Comments:

• There is no clarification in this Act to the meaning of “Indian”. Does this include children who are “status” and “non-status” Indian? Off reserve and on reserve? What if the parent or grandparent or other persons made a party to the proceeding is status but the child is non-status?.

• What if the child or other party to the proceeding is a First Nations person other than Mi’kmaq? ie: Cree? Inuit? Innu? Iroquois? Blackfoot? Chippewa? Anishinabe, etc? Will Mi’kmaq Family Services represent them?

• What about this word “may”? Shouldn’t all Indian children have the right to be represented by Mi’kmaq Family Services of Nova Scotia if the child, parent, guardian or other person requests this. This word "may" allows the Mi’kmaq Family Services of Nova Scotia to only represent the children they want to and opens this Section up to possible nepotism, or discrimination, specifically intra-racism, and abuse.