Youth protection powers fall first and foremost to the Quebec state, according to Justice Minister Simon Jolin-Barrette. This is why Quebec is challenging a federal law supposed to allow indigenous communities to break away from the DPJ, he argued on Wednesday.
“It’s a question of skills. We already have mechanisms within the Youth Protection Act. We want to negotiate with the indigenous communities, but it is not the jurisdiction of the Government of Canada, “said the elected CAQ member on Wednesday, when called to explain his government’s decision to challenge federal law C-92. all the way to the Supreme Court.
According to Bill C-92, adopted in 2019 by the federal government of Justin Trudeau, indigenous communities have the power to free themselves from the Direction de la protection de la jeunesse (DYP) by presenting their own policy in the matter. They also have the power to manage the operation of their children’s services. About fifteen Aboriginal communities in Quebec have expressed their intention to take advantage of this new legislative framework. The community of Opitciwan has already done so.
Last month, the Quebec Court of Appeal rendered a decision favorable in almost all respects to the federal law. Quebec announced Monday that it would appeal to the Supreme Court. “There are already mechanisms in the Act where youth protection is entrusted [aux commaunautés] “Said Minister Jolin-Barrette on Wednesday.
In Quebec, section 37.5 of the Youth Protection Act allows First Nations and Inuit to enter into agreements with the government for the purpose of establishing “special regimes” for youth protection within of a community. However, the new franking powers provided for in C-92 are not enshrined in Quebec law.
Challenging the federal law “is in no way a refusal to recognize the autonomy of the First Nations,” argued Wednesday the Minister responsible for Indigenous Affairs, Ian Lafrenière. A statement with which the Chief of the Assembly of First Nations Quebec-Labrador, Ghislain Picard, does not identify. Returning to court, Quebec “persists in its denial of the fundamental rights of the First Nations, [leurs] children and [leurs] families”.
“We will oppose Quebec’s claims before the Supreme Court and we will continue to support First Nations governments in the exercise of their jurisdiction over our children, our youth and our families,” said Mr. Picard in a statement released in the morning.
Ottawa did not comment on Quebec’s position on Wednesday. The office of the Minister of Indigenous Services, Patty Hajdu, contented itself with recalling that Ottawa is also contesting a few articles of the decision rendered by the Court of Appeal; in particular, the one that invalidates the preponderance granted to Aboriginal laws if they come into conflict with a provincial law.
– With Marie-Michèle Sioui and Boris Proulx