Secwépemc Law of Stsmémelt & Kw’seltkten
A collection of Secwépemc Law of Stsmémelt & Kw’seltkten Resources
Documents
Secwépemc Law of Stsmémelt & Kw’seltkten
Frequently Asked Questions
How was the law written?
The law is extracted from our traditional laws found within our historical stories such as, Story of Owl, The Grouse Children, Coyote & His Hosts, etc. The stories were reviewed and studied by Secwepemc community members in group settings, breaking down the teachings the stories were meant to convey. The concepts, or teachings within the stories served as a guide to our Secwepemc who worked on numerous drafts. Many Secwepemc community members had input into the drafting of the law. 11 of the 17 Secwepemc Bands were involved with the drafting of the Law. The foundation of the law, (framework), was built upon the 4 pillars of language, culture, connection to land, and healing. It is currently in the 11th final draft and is community driven and Nation focused.
How is this law different from the Ministry procedures?
The Secwepemc Law of Stsmemelt and Kw’selkten places healing at the forefront of child and family matters. This law aims to keep families together and provides holistic approaches to healing family units as opposed to removing children from their homes and families. The parent will not lose their rights and be apart of the planning process, the interactions will be held to a high standard and always remain culturally sensitive. There is no requirement to go to court, which can be an adversarial, unfamiliar, and time-consuming process. Instead, families work within a Circle to address concerns and obtain the supports they need to keep children safe and families together wherever possible. Once jurisdiction is asserted all matters involving children and families, including child protection issues will use the Secwepemc Law of Stsmemelt and Kw’selkten not the provincial law.
Who does the law apply to?
If your Band has agreed to utilize this law, this law applies to you regardless of location. It applies to both on and off-reserve members and anywhere in the world. If someone does not want the law to apply to them, they can opt out and request to receive services from a delegated agency or MCFD and go to court.
Who are the decision makers?
In all matters relating to children and families, under the Law, the decision-making bodies will be the Secwépemc Stsmémelt Circle or Community Circle.. The Stsmemelt Circle is a Nation based decision making body and will be the decision-maker for all matters unless a community exercises the option to establishes their own Community Circle as their community decision-making body.
Who sits at the Stsmémelt Circles?
- The composition of the Secwépemc Stsmémelt Circle shall be no less than four members to be chosen by the signatory community representatives, (those who agree to use the law), based upon their skills, knowledge, and reputation in community. The Stsmemelt Circle members will receive training and be provided with ongoing support in the work of administering the law and implementing the Stsmemelt.
- Community Circle is an optional decision-making body and will be formed by the community using the Law to guide their process. Family and supports are invited to the circle and will have an active role to be a part of the decision making in both circles.
What is the difference between a Stsmemelt Circle and mediation?
The Stsmémelt Circle will have decision makers and include a team whose’s priority is to keep families together and will not be used to mediate between parents. The Stsmemelt Circle will be responsible for implementing the Law and will hear child protectione concerns and may be involved in other family support measures if required, for instance, those programs and services sometimes referred to as preventative measures. The Stsmemelt Circle will not be involved in custody, access or child support matters between parents (family court issues).
Is there an appeal process?
Yes, the Law provides for a “Regathering”, meaning that a participant in a Circle decision is entitled to request a Regathering to review the decision of the Circle. There is no limit on the number of times a participant can request a Regathering (review of the decision) and it is at the discretion of the Circle to determine when to grant the request for a Regathering.
Is a Delegated agency or Ministry of Children and Family Development process still available to me?
Yes, an exemption request can be made to the Secwepemc Stsmémelt circle.
Does this law recognize custom adoptions?
Yes. Custom adoptions are a traditional Secwépemc practice and are fully recognized under the Law of Stsmémelt and Kw’selkten. A binding decision of custom adoption can be made by the Stsmemelt.Circle only and is not a matter that is subject to a Regathering. Obviously, this is a very important decision and the Stsmemelt Circle members will need to consider all aspects of the Law prior to making their decision.
Does this mean my Chief and Council will make decisions for my child(ren)?
No. The Stsmémelt Circle members will be chosen by the communities who adopt this law. It was strongly recommended by the Stsmemelt Technical Working Group that members of the Stsmemelt Circle should not be Chiefs or Council members as it is not a political role. The Stsmémelt Circle members will be selected based on their skills and knowledge. It will be the role of the Sku7pecan (Board of Directors) of the Society to create a process for selecting Stsmemelt Circle members. Chief and Council may participate in the Stsmémelt Circle and provide guidance, input, and assist families in their healing journey where appropriate and upon request.
What if I do not want my community involved? and/or want my children in my community?
Stsmémelt circles will work with you and your concerns, the parent will not loose a right or say in where their children reside. Each decision-making process of the Stsmemelt Circle will be tailored to the family and opportunities to address such concerns will be given.
What kind of liability will my community have?
With self-governance comes liability and there will be measures put in to place to address liability. . Liability insurance is available for Directors and employees of the Society. The only time insurance coverage would not be available would be where a Director or employee willfully breaks the law or is willfully or intentionally negligent.
What is the governance structure for the administration of the Law?
The Law will be administered by the Yecwmnte re Xqwllint, Take Care of the Baby Basket Society that has been registered for that purpose. Presently there are three Board members, one each from Bonaparte, T’kemlups Re Secwepemc and Whispering Pines Indian Band. There may be other Bands who join the Society in the future. The initial Board members will be responsible for developing budgets, training, hiring key staff and generally operationalizing the Society to oversee and administer the implementation of the Law.
When will this law come into effect?
There is some work to be completed to ensure that we are ready to implement the Law. It is estimated that the Society will be ready to implement 1.5 years to 2 years from today. The law will come into effect one year after communities provide Canada with notice under federal legislation, commonly known as C92, this time can also be extended if the Society is not ready to fully implement.
What are the next steps?
The Society has provided notice to Canada and BC of the intention to exercise jurisdiction over children and families and have entered into discussions with both levels of government to establish terms of a Coordination Agreement. A Coordination Agreement will detail how the transition of programs, services, data sharing, fiscal arrangements and dispute resolution will be managed by all parties while the Society gradually takes over control (jurisdiction) and implements the Secwepemc Law of Stsmemelt and Kw’seltkten.