Supreme Court upholds Ottawa's Indigenous Child Welfare Act

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OTTAWA – Indigenous communities and leaders across the country backed the federal government's child welfare legislation Friday, affirming that the Supreme Court of Canada has sole authority to protect First Nations, Métis and Inuit children.

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The unanimous decision is a setback for the Quebec government, which won in 2022 when the Court of Appeal found parts of the act exceeded federal jurisdiction.

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Indigenous leaders hailed the high court's findings as dozens of children at the heart of the decision ran around a conference room in Ottawa.

“Our peoples have compromised enough,” said Ghislaine Picard, chief of the Quebec-Labrador region of the Assembly of First Nations.

While he was speaking, a group of children wearing ribbon skirts, blue scarves, and ribbon shirts sat in front of him.

“Now is the time for other governments to do the same.”

Friday's ruling upholding the 2019 law finally affirmed that indigenous peoples have an inherent right to self-governance, which includes control over child and family services.

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“As a whole, the act is constitutionally valid,” the court wrote in a 110-page ruling, adding that “it falls entirely within the legislative competence of Parliament.”

The Ottawa Act affirmed the right of Indigenous peoples to govern their own child welfare services, and Indigenous legislation includes sections that have the force of federal law and can supersede provincial laws.

Assembly of First Nations National Chief Cindy Woodhouse Nepinak called the decision an important step forward.

“First Nations have never relinquished their jurisdiction over their children and families,” Woodhouse Nepinak said.

“First Nations continue to have an inherent and constitutional right to care for our children and families, and we also have a sacred, God-given right to raise our children in our cultures, languages ​​and traditions.”

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Prime Minister Justin Trudeau said Indigenous children “for too long” have been placed in foster homes that are not rooted in Indigenous language and traditions, sometimes far from their communities.

“It immediately took them out of harm's way, but it left them scarred – a loss of identity, loss of language and separation from their culture, which had a devastating effect.”

Asked if he would support the law if elected, Conservative Party leader Pierre Poilew said his party believes in “more autonomy for First Nations communities and less paternalistic government control.”

He said the Conservatives “respect the right of First Nations families to raise their own children.”

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NDP MP Lori Idloot, who also serves as her party's Indigenous services critic, said First Nations, Métis and Inuit had their own laws before Confederation and hoped Ottawa would respect their jurisdiction.

In Quebec, Idlout said he hopes the province will understand that it has an obligation to build positive relationships with indigenous peoples.

According to the Supreme Court, nothing in the separation of powers between the federal government and the provinces prevents Parliament from affirming that the inherent right of indigenous peoples to self-governance includes legislative authority over children and family services.

“An important issue addressed by the Act includes protecting the well-being of Indigenous children, youth and families by promoting the provision of culturally appropriate child and family services, thereby promoting the process of reconciliation with Indigenous peoples,” the court said. wrote.

With files from Anya Caradeglia in Ottawa.

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