Andy Nieman, the territory's advocate for children and youth, is giving Kwanlin Dun First Nation Chief Mike Smith and the Yukon government until week's end to resolve the First Nation's ban on social workers entering its territory.

"I'm going to be speaking to our legal counsel tomorrow to explore what options are available to us,” Nieman told the Star today.

"And based on that, we'll be looking at what the procedures will be for us to intervene.”

Last week, Smith told a CBC Yukon reporter the Kwanlin Dun has banned social workers "because the government is apprehending (children), and they absolutely pay no attention to the people.”

Smith said his First Nation is "going to court, representing and assisting our citizens ... (but) it's getting to the point where we can't do it anymore. So we have to take drastic action and that's what we're doing.”

To date, the Kwanlin Dun chief has not responded to requests by the Star for an interview.

Today, his executive assistant said Smith was sick and unavailable for comment.

Last Friday, the Yukon government declined to comment, but could not avoid the matter during Tuesday's question period.

New Democratic Party MLA Steve Cardiff asked Health and Social Services Minister Glenn Hart if his department is trying to break the impasse that is placing its employees in a tenuous position.

"Social workers and family support workers now find themselves in a dangerous situation, working at the Kwanlin Dun First Nation,” Cardiff said.

"If they followed the law, they could be faced with physical restraints, and possible abuse. If they stay away, they are breaking the law.”

Neither Cardiff nor Hart spoke of the lawfulness of Kwanlin Dun's position, but Hart said his department is attempting to set up a meeting with the First Nation "so we can discuss the situation and review the concerns.”

Little progress has been made since Smith went public with the ban on social workers last week, after which Health and Social Services spokeswoman Pat Living told the Star that the department was trying to arrange a meeting with the chief.

But Living said if a situation warranted intervention, Social Services' staff would not hesitate to act, even if that means entering Kwanlin Dun territory.

"We are responsible for all matters involving child protection in the Yukon, whether on First Nation land or not,” she said.

"If we believe a child is at risk of harm and it cannot be mitigated, then it's our responsibility to make sure that child is safe.”

While Health and Social Services is refusing to disclose the number of Kwanlin Dun children in protective care, or the number of children in the department's care territory-wide, it has been reported that 70 per cent are First Nations.

After nearly five years of deliberations, the Yukon's Child and Family Services Act was passed in the spring of 2008, but not without objections from several First Nations, which said the government did not properly consult them on the legislation.

Nieman said that under the Child and Family Services Act, his office is mandated to use informal dispute resolution, "to ensure children and youth are receiving government services they are entitled to.

"Our office may be able to play a role in terms of facilitating the process to ensure that these services are not being hindered,” said Nieman.