British Columbia Association of Aboriginal Friendship Centres

1. This Agreement confirms the Parties’ commitment to work together to assist Aboriginal Peoples to develop and deliver the full range of child and family services to Aboriginal children and families.

2. The Ministry recognizes the inherent responsibility of Aboriginal communities to care for their children and families.

3. The Parties recognize and affirm that off-reserve Aboriginal communities fall within the definition of “Aboriginal communities.”

4. The Parties are committed to implementing the goals identified in the Ministry’s Strategic Plan for Aboriginal Services (Appendix A).

5. The Parties recognize the special relationship between the Federal Government and Aboriginal Peoples, and nothing in this Agreement will be construed as to abrogate or derogate from the Federal government’s fiduciary responsibility to all Aboriginal Peoples regardless of residency or status.  Further, this Agreement shall not affect any existing or potential Aboriginal or treaty rights, land claims, or relationships which exist between the Federal Government and First Nations.

6. The Parties are committed to the equitable access to and provision of services to Aboriginal children and families which respects and honours Aboriginal cultures, values and traditions.


7. The Parties acknowledge that the principles relating to child, family and community services set forth in sections 2, 3, and 4 of the Child, Family and Community Services Act, apply to the operation of this agreement.
 

PRINCIPLES

1. The health and well-being of Aboriginal Children is paramount.

2. Aboriginal children are best served by Aboriginal communities.

3. Child and family services developed and introduced by the Ministry outside of this Framework Agreement which are designed to benefit all British Columbians, will also be accessible to all off-reserve Aboriginal Peoples and funded incrementally to this Agreement.
 

PURPOSES

The purposes of this Agreement are to establish a framework for:

a) The collaborative development of the full range of Aboriginal child and family services for off-reserve Aboriginal communities;

b) Developing and enhancing cooperative working relationships between off-reserve Aboriginal communities and the Ministry’s Regional Operating Agencies;

c) Developing protocol agreements and service delivery arrangements between off-reserve Aboriginal communities and the Ministry’s Regional Operating Agencies.
 

FUNDING FOR ABORIGINAL CHILD AND FAMILY SERVICES

1. The Ministry is committed to increasing levels of funding to strengthen the Aboriginal communities' capacity and authority to develop and deliver Aboriginal child and family services.  The Ministry will realise this commitment through a re-profiling of existing resources to Aboriginal communities and by identifying new resources to build capacity within Aboriginal communities.  The allocation of new resources for the purposes outlined in this agreement is subject to an appropriation being made available in the fiscal year of the Ministry.

2. The Ministry agrees to fund activities under this Agreement through a negotiated annual workplan between the Ministry’s Central Operating Agency and the Aboriginal Peoples’ Council.

EMPLOYMENT AND TRAINING

1. The Ministry agrees to make training available to Aboriginal service providers to enhance  their capacity to design and deliver Aboriginal child and family services.

2. The Ministry is committed to providing cross-cultural and sensitization training to Ministry employees and contractors in collaboration with Aboriginal communities.

3. The Ministry is committed to employment equity.
 

PLANNING FOR SERVICES

The Parties agree that the off-reserve Aboriginal community will be included in the design, delivery, and evaluation of programs and services to be accessed by Aboriginal Peoples.

In order to fulfill goals 1 & 2 of the Ministry’s Strategic Plan, the Parties will:

• Develop effective, well-defined working relationships between the Ministry and Aboriginal communities that will form the basis for the provision of services.

• Strengthen the capacity and authority of Aboriginal communities to develop and deliver child and family services of a nature and extent comparable to those available to any resident of British Columbia.

To the maximum extent possible, services for Aboriginal Peoples will be provided by Aboriginal organizations and communities.  Therefore, the Ministry is committed to a realignment of existing resources over the next 3-5 years.  The Ministry will:

• Ensure that the Parties develop Regional Protocol Agreements which formalize the working relationship between Regional Operating Agencies and Aboriginal communities.

The Parties agree that the Regional Protocol Agreements will include a mutually established dispute resolution process.

• Jointly develop criteria for decision-making related to service delivery arrangements.  Those criteria must demonstrate effectiveness, efficiency, and equity.

• Ensure that Regional Operating Agencies, in collaboration with Aboriginal communities, develop plans for the re-profiling of resources to Aboriginal communities.

• When planning for services, or consulting on child and family services issues, the Parties recognize the need to involve the appropriate Aboriginal stakeholders in those communities.

CONSULTATION

The purpose of consultation is to ensure that the Regional Operating Plans appropriately reflect the needs and aspirations of Aboriginal communities.

The Parties agree that effective consultation requires openness and transparency.

Regional Operating Officers will be required to consult with Aboriginal communities to seek their input in the early stages of the development of Regional Operating Plans.  This consultation will require meetings between the Parties and will include as a minimum:

• Sharing of information about the level of resources being provided to Aboriginal communities.

• Informing the Aboriginal community of the Ministry’s regional budget allocation.

• Aboriginal organizations, participating in the planning process, will be required to demonstrate on-going input and support from the Aboriginal community.
 

EVALUATION

Aboriginal communities and Regional Operating Agencies will develop a joint evaluation process which will include as a minimum:

• A review of the regional consultation process and activities;

• A review of the joint planning process and related activities;

• The development of Regional Protocol Agreements;

• A review of the final Regional Operating Plan prior to submission to the Central Operating Agency.
 

TERM OF AGREEMENT

The term of this Agreement shall be five (5) years commencing upon the date of signing.  The Joint Implementation Committee (JIC) will meet to review this Framework Agreement annually. Changes to the agreement and its appendices shall be made in writing.  The JIC may meet as agreed to by the Parties.
 

TERMINATION AND MEDIATION

This agreement may be terminated by any party on 90 days written notice to the others.  Each of the Parties agrees that, prior to terminating the Agreement, it will provide written notice laying out reasons it may have for terminating the Agreement, and at the request of another Party, participate in a good-faith mediation process to address such reasons.  The positive resolution of issues raised in this mediation process shall serve to re-affirm this agreement.
 

NOTIFICATION

Any notice of written communication required under this agreement may be given as follows:

Province:

Dyan Dunsmoor-Farley, Assistant Deputy Minister
Ministry for Children and Families
Box 9722, Stn Prov Govt
Victoria, BC     V8W 9S2
Phone: (250) 356-5842
Fax: (250) 356-5988

Aboriginal Peoples’ Council:

Grace Nielsen, President
BC Association of Aboriginal Friendship Centres
#3-2475 Mt. Newton X Road
Saanichton, BC     V8M 2B7
Phone: (250) 652-0210
Fax: (250) 652-3102

Viola Thomas, President
United Native Nations BC
8th Floor, 736 Granville St.
Vancouver, BC      V6Z 1G3
Phone: (604) 688-1821
Fax: (604) 688-1823
 

SPIRIT AND INTENT

This agreement is based on a relationship of mutual respect and will be implemented by the Ministry’s Regional Operating Agencies together with off-reserve Aboriginal communities.
 

Signed in the Municipality of Victoria, BC, this 17th day of November 1998.
 
On behalf of the Aboriginal Peoples’ Council:

“Grace Nielsen”                                             “Jim Smiley”
_________________________________  _________________________________
Grace Nielsen, President - BCAAFC             Witness
 

“Viola Thomas”                                             “Scott Clark”
_________________________________  __________________________________
Viola Thomas, President - UNN                    Witness
 

On behalf of the Ministry for Children and Families:
 

“Mike Corbeil”                                             “Dyan Dunsmoor-Farley”
________________________________  __________________________________
Mike Corbeil, Deputy Minister                       Witness