Aboriginal laws and customs. In addition to the legislation and standards developed by or in
connection with the provinces and territories, child welfare practices may be shaped by Aboriginal laws
and customs. While we know of no formal review of the role of Aboriginal laws and customs in child
welfare, their influence is reflected in the descriptions that Aboriginal child welfare agencies offer of their
own work. For example, Nisga’a Child and Family Services state on their website that they provide
services “consistent with both the Ayuukhl Nisga’a (the laws and customs of the Nisga’a people) and
British Columbia statutes and policies” (Nisga’a Child and Family Services, n.d., para. 1). There is also at
least one example of Aboriginal legislation that applies to multiple Aboriginally governed child welfare
agencies. The Federation of Saskatchewan Indian Nations (FSIN) developed the Indian Child Welfare
and Family Support Act (ICWFSA, 1990); the ICWFSA exists alongside provincial legislation and
includes standards that have been formally recognized by the Ministry of Social Services as being
"equivalent to ministerial policies, practices and standards" (Saskatchewan Minister of Social Services,
1993, p. 1; see also Saskatchewan Child and Family Services Act, 1989-90;). The ICWFSA (1990) is
grounded in an understanding that First Nations have pre-existing rights over the well-being of First
Nations people in Saskatchewan and ultimate authority over First Nations affairs. It asserts that First
Nations “have the authority to make, adopt and enact laws” with respect to First Nations child welfare
and that these laws “honour and take precedence over” provincial laws (Article III.2, p. 8). Through
these and other provisions, ICWFSA sets out a clear alternative interpretation of the political
relationships reflected in the Child and Family Services Act (1990) of Saskatchewan. For example, while
Saskatchewan legislation contains a provision allowing the minister to delegate provincial child welfare
responsibilities to First Nations bands, the ICWFSA framework would portray these same agreements as
the resumption of pre-existing authorities by First Nations after a period of temporary delegation of
responsibility to the province.