Indigenous people across the country are keeping a close eye on a pending top court decision which could have far-reaching impacts on First Nations, Métis and Inuit sovereignty over their own child welfare laws.
At the beginning of December 2022, the Supreme Court of Canada heard an appeal involving the province of “Quebec,” which has been challenging the constitutionality of the federal Bill C-92.
The bill opens a door for Indigenous nations to develop their own child welfare laws and policies, an area that’s typically governed by the provinces. However “Quebec” is arguing that the federal government overstepped its jurisdiction by allowing Indigenous laws to override existing provincial legislation.
The case was escalated by the federal government after the Quebec Court of Appeal ruled in February 2022 that two sections of the act are not constitutional.
Kate Gunn, a partner at First Peoples Law and an adjunct professor in the University of British Columbia’s Faculty of Law, says that this decision is important because it will further define Indigenous Peoples’ inherent law-making authority over child and family services.
“There are very important aspects to this case around how constitutionally-protected rights for Indigenous people are defined,” she says.
Gunn says that if the Supreme Court of Canada were to agree with the arguments brought forward by “Quebec,” it would have serious negative impacts on Indigenous Peoples across “Canada.” However, if the court rules against the province, it could positively impact how Indigenous laws are respected in future cases.
“The decision will clarify whether and how the court will recognize and protect Indigenous Peoples’ ability to regulate child and family services based on their own laws and cultures,” Gunn wrote in an article before
