The work SIIA is doing is currently being legislatively empowered by Bill C-92 :Act respecting First Nations, Inuit and Métis children, youth and families which allows our communities to control and govern our child and family services, and to create our own Indigenous law to replace the current law created by the government of British Columbia. It is important to note that the work SIIA is doing now was happening PRIOR to Bill C-92, and will continue REGARDLESS of any legal, political, or attitudinal changes by the federal and/or provincial government.
In 2019, the Government of Canada took a step towards recognizing Indigenous Peoples’ inherent laws and jurisdiction by introducing Bill C-92, An Act Respecting First Nations, Inuit, and Metis Children, Youth and Families. This piece of legislation affirms that Indigenous Peoples’ inherent right to self-government includes jurisdiction over the regulation of child welfare matters.
Quebec challenged the constitutionality of this legislation at the Quebec Court of Appeal, arguing that the federal government does not have authority to enact legislation dictating how provincial governments deliver child and family services. Specifically, Quebec is opposed to two provisions of the Act (sections 21 and 22(3)), which give Indigenous laws the force of federal law and empower them to override conflicting provincial statutes. In February 2022, the Quebec Court of Appeal upheld the majority of the Act, but ruled those sections to be unconstitutional.
Canada appealed the decision and it was heard by the Supreme Court of Canada in December 2022. This case will determine the constitutionality of Bill C-92 and could have the potential to strike out provisions in the Act which provide Indigenous Peoples the ability to exercise jurisdiction over child and family services.
The decision of the Supreme Court will be published sometime in the upcoming year and will have significant implications for the development of Aboriginal rights jurisprudence and the ability of Indigenous Peoples to make decisions based on their inherent laws.
To watch these hearings for yourself, follow the link to access them on the Supreme Court website:
https://www.scc-csc.ca/case-dossier/info/webcast-webdiffusion-eng.aspx?cas=40061
