The Treaty 8 First Nations of Alberta are advocating for the implementation of a new law—the Nehiyaw and Dene Nations of Treaty No. 8 Adoption and Private Guardianship Law—which aims to protect First Nations children. This law works to end the adoptions and private guardianships involving Treaty 8 children without written consent from either parents or guardians, and the First Nations themselves. The First Nations’ grand chief, Arthur Noskey, has stated that this law will allow for the healing of their communities due to the deep-rooted colonial practices and legislation that have continued to separate Indigenous families.
The law reinforces a healing process among Indigenous communities, as it allows them to reintegrate their children and raise them with their lifeworld views and values rooted in Indigeneity. Noskey also believes that this will allow for a meaningful step towards genuinely working with the province of Alberta for work towards proper reconciliation with First Nations communities. This constitutional challenge presents a means for Indigenous self-governance and rights under the Canadian legal system.
The province of Alberta has spoken about the transfer of authority regarding child intervention services. Their spokesperson has commented that they are already working towards providing this authority to four First Nations communities, including three communities from Treaty 8 Nations. This new law will provide First Nations people with the authority to enact and apply their own laws concerning the adoption and private guardianship process of children within their communities. The cooperation by the province of Alberta is understood to be a long overdue step required to provide proper respect and reconciliation of First Nations communities. However, many members of the communities maintain that more work needs to be done regarding protecting Indigenous youth, children, and families, as the Canadian government has historically and presently allowed their children to be taken from their nations. The law to be implemented by the Treaty 8 First Nations of Alberta is considered a right of Indigeneity that should have been given to Indigenous communities many years ago.