AYÎK SÂKAHIKAN AWÂSISAK MÂMAWININTOWIN SOCIETY CUSTOM ADOPTION AND PRIVATE GUARDIANSHIP LAW
The Custom Adoption and Private Guardianship Law enacted by Frog Lake First Nations on November 10, 2025.
Core Function and Authority:
Purpose: To affirm and exercise the Nation’s inherent, Treaty, and Indigenous jurisdiction over Custom Adoption and Private Guardianship for its children and youth. The goal is to protect the best interests of children within a collective, cultural context, and ensure decisions are made through Indigenous law.
Legal Basis: It is enacted under the inherent right of self-government, Treaty No. 6, Section 35 of the Constitution Act, 1982, and under the authority of Bill C-92 (An Act respecting First Nations, Inuit and Métis children, youth and families).
Paramountcy: The Law is declared to have exclusive jurisdiction and shall prevail over any conflicting federal, provincial, or territorial law, policy, or court order.
Key Provisions:
Custom Adoption: Defined as placement according to Frog Lake's customs and laws. It does not sever a child’s identity, citizenship, or Nation membership.
Private Guardianship: A temporary or long-term arrangement that transfers caregiving responsibility but does not terminate a child's Indigenous identity or Nation membership.
Application: Applies to all children who are members of, or eligible to be members of, Frog Lake First Nations, regardless of their physical location.
Mandatory Consent: Custom Adoption or Private Guardianship cannot occur without the written, free, prior, and informed consent of both the parent/legal guardian and Frog Lake First Nations, through its designated authority.
Role of ASAM: The Ayîk Sâkahikan Awâsisak Mâmawinintowin Society (ASAM) is designated as the authorized body to administer the Custom Adoption and Private Guardianship processes, ensure cultural protocols are followed, and maintain records.
Dispute Resolution: Disputes are to be resolved using Frog Lake First Nations’ customary dispute resolution processes, with external courts serving as a last resort.
