The territory's top chief wants the federal government to intervene on Yukon first nations' behalf before the Child and Family Advocate Act is passed in the legislative assembly.

The bill was introduced at the end of March. It will dovetail with last year's Child and Family Services legislation.

While Andy Carvill, the Council of Yukon First Nations' (CYFN's) Grand Chief, was unavailable for comment, the Star has obtained a copy of correspondence from Carvill to the federal government.

"We request that you issue written instructions ... directing the Yukon government to work with the Council of Yukon First Nations and its members to address their concerns relating to the proposed (act)," Carvill writes to Chuck Strahl, the Minister of Indian and Northern Affairs.

In the March 13 letter, Carvill alleges the Yukon government failed to consult in good faith with first nations and called the two consultation sessions held in November and December 2008 "rushed."

"In our view, the Government of Canada has a legal responsibility to ensure that its agent, the Yukon government, fulfills its consultation obligations," Carvill continues.

"First nations child welfare is a matter of particular importance ...since approximately 70 per cent of the children in the care of the Yukon government are of first nations ancestry."

This is the second time in a year the CYFN and Yukon government have been at odds over child welfare legislation. In April 2008, Carvill appealed to Premier Dennis Fentie to delay passage of the Child and Family Services Act, but the premier said five years of consultation were enough.

Yesterday in the legislative assembly, Fentie repeated that mantra after NDP Leader Todd Hardy asked if the government would defer already-tabled child advocate legislation until the fall.

"The short answer: absolutely not," replied Fentie. The government had to have the law before the legislature one year after the Child and Family Services Act passed, he added.

"Secondly, to suggest there has been no consultation in this area is absolutely ludicrous. Five years of consultation took place to get us to this point."

But what is deemed adequate consultation depends on one's perspective. Both Carvill and Ta'an Kwach'an Chief Ruth Massie are unsatisfied with first nations' involvement.

According to Jan Langford, a Department of Health and Social Services senior policy analyst, two meetings were arranged - one at the end of November and another at the beginning of December - for government and first nations' delegates to discuss the advocate act's policy paper.

But Massie, communicating through lawyer Corinne McKay in mid-December 2008, criticized the meetings' timings and limited opportunity they offered for first nations input.

While Health and Social Services Minister Glenn Hart gave first nations until Jan. 15, 2009 to offer input, that also appears insufficient.

Several requests for comment - both last year, Wednesday and this morning - were not returned by Massie as of press time today.

But the Star obtained a Feb. 9, 2009 letter from Massie to Hart outlining a raft of problems first nations view in the new Child and Family Advocate Act.

Among them are the fact the advocate would have zero power to investigate complaints, conduct independent reviews or represent a child in legal proceedings. Also, there is no Yukon first nations involvement in the selection of the advocate.

"A true ‘made in the Yukon' model would recognize the importance of involving Yukon first nations in the decision-making process," writes Massie. "... It will be very important to ensure that the appropriate person is selected for the job, otherwise first nations children and youth will choose not to access this service."

As for Strahl's response to the CYFN's request that the federal government step in, officials from Indian Affairs in Ottawa said the minister is travelling and would not be available to comment on the matter until next week.

The CYFN planned a news conference for early this afternoon to outline its concerns with the act.