(Canadian Press)

By Canadian Press

Supreme Court upholds Ottawa’s Indigenous child welfare law, denies Quebec’s appeal

Feb 9, 2024 | 3:57 PM

OTTAWA – Indigenous communities and leaders across the country cheered Friday as the Supreme Court of Canada upheld the federal government’s child welfare law, affirming that First Nations, Métis and Inuit have sole authority over the protection of their children.

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

Indigenous leaders lauded the high court’s findings as dozens of the very children at the heart of the decision ran rampant around an Ottawa conference room.

“Our peoples have compromised enough,” said Assembly of First Nations Quebec-Labrador regional chief Ghislain Picard.

A group of children wearing ribbon skirts, kokum scarves and ribbon shirts sat in front of him as he spoke.

WHAT'S ON

Here is what's on this weekend in Medicine Hat and area: Dec. 13-15

13h ago

IN THE COMMUNITY

Medicine Hat's Mustard Seed adding new shelter spaces at Alberta government's request

Dec 12, 2024

HOLIDAYS

Medicine Hat Kiwanis hosting Christmas dinner, applications due Friday

Dec 12, 2024

“It’s time now for other governments to do the same.”

Friday’s decision upholding the 2019 law ultimately affirmed that Indigenous Peoples have an inherent right to self-government that includes control over child and family services.

“The act as a whole is constitutionally valid,” the court wrote in an 110-page decision, adding that it “falls squarely within Parliament’s legislative jurisdiction.”

Ottawa’s law affirmed the right of Indigenous Peoples to run their own child protection services and included sections that said Indigenous legislation had the force of federal law and could supersede provincial law.

Assembly of First Nations national chief Cindy Woodhouse Nepinak called the decision a significant step forward.

“First Nations have never surrendered their jurisdiction over their children and families, which has existed since time immemorial,” Woodhouse Nepinak said.

“First Nations continue to have the inherent and constitutional right to care for our children and families, along with our sacred rights from Creator to raise our children surrounded by our cultures, languages, and traditions.”