Rights & Responsibilities

Legislation & Treaty Rights & Responsibilities:

Nisg‑ a’a Final Agreement (Treaty): Nisg‑ a’a Government has standing in any judicial proceeding in which custody of a Nisg‑ a’a child is in dispute, and the court will consider any evidence and representations in respect of Nisg‑ a’a laws and customs. See Chapter 11, paras. 94–95, and 98. Child, Family and Community Services Act: The Ministry of Child and Family Development (MCFD) director must inform NLG when a Nisg‑ a’a child is the subject of a presentation hearing or an application for a temporary or continuing custody order. A representative for NLG may then appear and participate in these court proceedings. See sections 33.1(4)(d), 34(3)( e), 36(2.1)(f), 38(1)(c.1), and 42.1(3)(c). Family Law Act: If an application for guardianship is made in respect of a Nisg‑ a’a child, the applicant must serve NLG with notice of the proceeding. See section 208. Adoption Act: Before a Nisg‑ a’a child may be placed for adoption, a director of adoption or an adoption agency must make reasonable efforts to discuss the child’s placement with NLG. See section 7(1)(a.1).

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