Kitsumkalum Agreement-in-Principle
c)
allow for mutual sharing of information concerning Children in Need of Protection and
Children in Care with British Columbia; and
d)
establish and maintain a system for the management, storage and disposal of Child
Protection Services records and the safeguarding of personal Child Protection Services
information.
85.
Notwithstanding any laws under paragraph 82, if there is an emergency in which a Child of a
Kitsumkalum Family on Kitsumkalum Lands is a Child in Need of Protection, and
Kitsumkalum has not responded or is unable to respond in a timely manner, British Columbia
may act to protect the Child and, unless British Columbia and Kitsumkalum otherwise agree in
writing, British Columbia will refer the matter to Kitsumkalum after the emergency.
86.
If the Kitsumkalum Government has made a law under 82, and there is an emergency in which a
Child under British Columbia’s authority is a Child in Need of Protection, Kitsumkalum may
act to protect the Child, and unless British Columbia and Kitsumkalum agree otherwise in
writing, Kitsumkalum will refer the matter to British Columbia after the emergency.
87.
Kitsumkalum Law under paragraph 82 prevails to the extent of a Conflict with Federal Law or
Provincial Law.
88.
At the request of Kitsumkalum or British Columbia, Kitsumkalum and British Columbia will
negotiate and attempt to reach agreement in respect of Child Protection Services for:
89.
a)
Children of Kitsumkalum Families who reside on or off Kitsumkalum Lands; or
b)
Children who are not members of Kitsumkalum Families and who reside on
Kitsumkalum Lands.
Where the Director becomes the guardian of a Kitsumkalum Child, the Director will contact
Kitsumkalum and will make reasonable efforts to include Kitsumkalum in planning for the
Kitsumkalum Child, including adoption planning.
Child Custody
90.
The Kitsumkalum Government will have standing in any judicial proceedings in British
Columbia in which custody of a Kitsumkalum Child is in dispute, and the court will consider
any evidence and representations concerning Kitsumkalum Law and customs in addition to any
other matters they are required by law to consider.
91.
The participation of the Kitsumkalum Government pursuant to paragraph 90 will be in
accordance with the applicable rules of court and will not affect the court's ability to control its
process.
Adoption
92.
For the purposes of paragraphs 93 to 101, all relevant factors must be considered in determining
a Child’s best interests, including those factors that must be considered under the Adoption Act.
93.
The Kitsumkalum Government may make laws in respect of adoptions in British Columbia for:
a)
Kitsumkalum Children; and
b)
Children who reside on Kitsumkalum Lands to be adopted by Kitsumkalum Members.
Page 98 of 140