Constitutionality of Indigenous child welfare law to be decided by the Supreme Court of Canada – JFK Law

May 3rd, 2022

On April 20, 2022, the Supreme Court of Canada granted leave to appeal the Quebec Court of Appeal’s decision in a reference regarding federal Indigenous child welfare legislation (Reference)[1]The highest court in Canada will decide the constitutionality of the Act respecting First Nations, Inuit and Metis children, youth and families (Act).[2]

In the Reference, the Quebec Court of Appeal (QCCA) was asked to provide an opinion on Canada’s jurisdiction under the Constitution to pass the Act. The QCCA found that Indigenous peoples have the right to self-government and jurisdiction over child and family services. However, the court also found that two provisions of the Act were unconstitutional. These two provisions of the Act gave Indigenous laws the force of federal law and made them paramount over provincial laws.

Read More: https://jfklaw.ca/constitutionality-of-indigenous-child-welfare-law-to-be-decided-by-the-supreme-court-of-canada/