Indigenous communities and leaders across the country cheered Friday as the Supreme Court of Canada upheld the federal government鈥檚 child welfare law, affirming that First Nations, M茅tis 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鈥檚 findings as dozens of the very children at the heart of the decision ran rampant around an Ottawa conference room.
鈥淥ur peoples have compromised enough,鈥� 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.
鈥淚t鈥檚 time now for other governments to do the same.鈥�
Friday鈥檚 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.
鈥淭he act as a whole is constitutionally valid,鈥� the court wrote in an 110-page decision, adding that it 鈥渇alls squarely within Parliament鈥檚 legislative jurisdiction.鈥�
Ottawa鈥檚 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.
鈥淔irst Nations have never surrendered their jurisdiction over their children and families, which has existed since time immemorial,鈥� Woodhouse Nepinak said.
鈥淔irst 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.鈥�
Prime Minister Justin Trudeau said Indigenous children have 鈥渇or far too long鈥� been put in foster homes, sometimes far away from their communities, that were not grounded in Indigenous language and traditions.
鈥淭hat has perhaps gotten them out of harm鈥檚 way in the immediate, but has left them with scarring 鈥� loss of identity, loss of language and a disconnection from their cultures that has had devastating impacts.鈥�
Asked whether, if elected, he would stand by the law, Conservative Leader Pierre Poilievre said his party believes in 鈥渕ore autonomy for First Nations communities and less paternalistic control by government.鈥�
He said the Conservatives would 鈥渞espect the rights of First Nations families to raise their own children.鈥�
NDP MP Lori Idlout, who also serves as her party鈥檚 critic of Indigenous services, said First Nations, M茅tis and Inuit had their own laws prior to Confederation, and that she hopes Ottawa will respect their jurisdiction.
On Quebec, Idlout said she hopes the province realizes it has an obligation to foster positive relationships with Indigenous Peoples.
Nothing in the division of powers between the federal government and the provinces prevents Parliament from affirming that Indigenous Peoples鈥� inherent right of self鈥慻overnment includes legislative authority over child and family services, the high court said.
鈥淭he essential matter addressed by the act involves protecting the well-being of Indigenous children, youth and families by promoting the delivery of culturally appropriate child and family services and, in so doing, advancing the process of reconciliation with Indigenous Peoples,鈥� the court wrote.
Indigenous Services Minister Patty Hajdu said the decision paves the way for more Indigenous autonomy in areas like health care and water quality.
鈥淭oday is truly historic,鈥� Hajdu said.
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