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MEMORANDUM OF UNDERSTANDING ("MOU")
Between:
The Manitoba Metis Federation, Inc.,
(as represented by the President),
("MMF")
- and -
Her Majesty the Queen in Right of the Province
of Manitoba
(as represented by the Minister of Family Services
and Housing
and the Minister of Aboriginal and Northern Affairs),
("Manitoba").
WHEREAS:
- The parties agree that a process shall be established to implement
changes in the delivery of child and family services programs
in Manitoba based upon the Child Welfare Recommendations as set
forth in the Report of the Aboriginal Justice Inquiry of Manitoba
(1991) (AJI Report).
- The parties acknowledge that they are governed by The Child
and Family Services Act and The Adoption Act in the
delivery of child and family services and programs in Manitoba
in accordance with the Declaration of Principles as set forth
in The Child and Family Services Act, as well as the Purpose
of The Adoption Act as set forth in section 3 thereof.
- It is acknowledged that the delivery of child and family services
and programs to Metis people within Manitoba must occur in a manner
which respects their unique status, as well as their cultural
and linguistic heritage.
- The family is sacred and the first resource for the well-being
of children.
- The parties acknowledge that the Metis people have a right to
control the delivery of child and family services and programs
for their respective community members.
- The parties acknowledge that solutions developed locally with
respect to both the delivery of child and family services and
programs, as well as adoption services are the most effective
and practical approach towards ensuring self-determination and
healthy communities.
NOW THEREFORE THE PARTIES hereby agree to adopt
the process as hereinafter described towards achieving the following
objective.
OBJECTIVE
| 1.1 |
The parties acknowledge
that Metis people shall be responsible for the delivery of the
full range of services under The Child and Family Services
Act, as well as adoption services under The Adoption
Act to Metis people residing in Manitoba. |
PROCESS
| 2.1 |
The parties shall
enter into a separate arrangement, hereinafter referred to as
the "Child and Family Services Protocol," that will
provide the framework for a joint implementation process leading
to the establishment of a province-wide child and family services
mandate for Metis people. |
TERM
This MOU shall be effective from the date of execution and
will remain in effect for a three (3) year period (the term).
| 3.1 |
This MOU shall
be reviewed annually by the parties during the term in order
to assess the progress of the Child and Family Services Protocol. |
MISCELLANEOUS
| 4.1 |
The
parties may revise this MOU during the term hereof in writing. |
| 4.2 |
Any
party may terminate this MOU upon three (3) months written notice
to the other party. |
| 4.3 |
Nothing
in this MOU is intended to preclude bilateral discussions or
the reaching an agreement on any matter of mutual interest between
MMF and Manitoba. |
| 4.4 |
The
parties acknowledge that this MOU is not a legally binding instrument
but rather a common resolve to establish a joint implementation
process, referred to as the Child and Family Services Protocol,
in a manner that is consistent with the objective as set forth
in paragraph 1.1. |
| 4.5 |
Any
notice or other communication to any of the parties hereto under
this MOU shall be in writing, and shall be delivered personally
to each of the parties, or an officer thereof, or sent by registered
mail, postage prepaid or by facsimile transmission, to:
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MMF
at:
Manitoba at: |
150 Henry Avenue, Winnipeg MB R3B 0J7
Fax: (204) 947-1816
201 – 114 Garry Street, Winnipeg MB R3C 4V5
Fax: (204) 945-6717
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