The Supreme Court of Canada has ruled against the Quebec government and affirmed the federal Indigenous Child Welfare Act is constitutional, ensuring First Nations, Metis and Inuit have sole authority over the protection of their children.In 2022, Quebec's Court of Appeal found that parts of the act overstepped federal jurisdiction. On February 9, 2024, the Supreme Court of Canada overruled this in a unanimous decision and upheld the entirety of Ottawa’s 2019 Act Respecting First Nations, Metis and Inuit Children Youth and Families.Bill C-92 affirmed that indigenous peoples have an inherent right of self-government that includes control over child and family services.“The act as a whole is constitutionally valid,” the court wrote in its 110-page decision, adding that it “falls squarely within Parliament’s legislative jurisdiction.” The law said indigenous peoples could run their own child protection services, and included sections that gave it the force of federal law so that it could supersede provincial law.Those sections were struck down at the Court of Appeal, but reaffirmed by the Supreme Court of Canada. The court said nothing in the division of powers between the federal government and the provinces prevents Parliament from affirming that an indigenous inherent right of self‑government includes authority over child and family services.“The essential matter addressed by the act involves protecting the well-being of indigenous children, youth and families by promoting the delivery of culturally appropriate child and family services and, in so doing, advancing the process of reconciliation with Indigenous Peoples,” the ruling stated."Developed in co-operation with Indigenous Peoples, the act represents a significant step forward on the path to reconciliation."The Act affirms that, “The inherent right of self-government recognized and affirmed by section 35 of the Constitution Act, 1982 includes jurisdiction in relation to child and family services, including legislative authority in relation to those services and authority to administer and enforce laws made under that legislative authority.” The Otipemisiwak Métis Government of the Métis Nation within Alberta is happy with the Supreme Court’s ruling.“We are extremely pleased that the Supreme Court of Canada was unanimous in upholding this forward looking, innovative and reconciliation-based piece of legislation,” said Otipemisiwak Métis Government President, Andrea Sandmaier."While child and family services usually fall under provincial jurisdiction, Bill C-92 affirms that our inherent right to self-government includes the power to make our own laws to protect our children, youth and families.”Secretary of child and family services, Brooke Bramfield echoed Sandmaier's statements.“While this is a step in the right direction, much work remains ahead for our government, specifically for our families, youth and children. With the status of Bill C-92 now known, I look forward to the hard work of crafting and administering laws that will look after the most important asset the Métis have, our children,” said Bramfield.Bill C-53: An Act to Recognize Certain Métis Governments in Ontario, Saskatchewan and Alberta is before Parliament, premised on the same affirmation of rights as the Act that the Supreme Court of Canada upheld today. Sandmaier said the Supreme Court judgement sends the strong message that this rights recognition approach is the way forward.“I want to applaud the current federal government in advancing the Act with the Métis Nation and other indigenous peoples. Today’s decision confirms this type of collaboration with us is the way forward in advancing reconciliation. We look forward to implementing this Act as well as seeing Bill C-53 also become law soon,” said Sandmaier.
