The federal government has decided to appeal an opinion of the Court of Appeal of Quebec regarding legislation concerning First Nations, Inuit and Métis children, youth and families.
In February, the Quebec Court of Appeal upheld the bulk of a federal law that gives Indigenous governments more control over child care. The Government of Canada hailed this historic decision.
However, Ottawa is appealing the Court’s decision that declared sections 21 and 22 (3) invalid. This is the framework that would give these aboriginal laws the force of federal law, allowing them to take precedence over provincial laws.
“We look forward to guidance from the Supreme Court of Canada on the best approach for Indigenous communities to effectively exercise their jurisdiction, without being hampered by conflicting laws,” said Minister of Indigenous Services. , Patty Hajdu, Minister of Justice and Attorney General of Canada David Lametti and Minister of Crown-Indigenous Relations Marc Miller in a joint statement Monday.
The Quebec Court of Appeal’s decision has raised important questions about how communities can exercise their jurisdiction over child and family services without being unduly fettered by provincial laws, they said. precise.
The unanimous decision handed down on February 10 by the Quebec Court of Appeal followed Quebec’s challenge to the federal law. By arguing that provincial governments have jurisdiction over child welfare and asserting in law that Indigenous peoples have an inherent right to self-government, Ottawa was unilaterally creating a new order of government, according to the original challenge.
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