Exploring Theme: "Bill C-92"

Two cases could establish who has the right to decide what’s best for Indigenous kids in North America CBC NEWS: The highest courts in Canada and the United States are expected to decide child welfare cases this year that could have far-reaching implications for Indigenous rights on both sides of the border. In Brackeen v. Haaland,...

CBC News: N.W.T. government leaders are defending a decision by the territory’s attorney general to join a Supreme Court of Canada challenge of the federal law that gives Indigenous governments power to control their own child and family services. That law includes a provision that Indigenous law prevails in disputes with a province or territory. The Northwest...

NationTalk: (Ottawa, ON) – The Assembly of First Nations (AFN) announced today that it continues to stand with First Nations in Quebec and all First Nations’ who exercise their inherent jurisdiction over child and family law. First Nations interveners, including the AFN, will appear in a hearing before the Supreme Court of Canada to support...

In the following post, my colleague Kate Gunn provides an overview of Quebec’s challenge of Bill C-92 at the Supreme Court and what it means for Indigenous Peoples’ ability to make decisions based on their inherent laws.  First Peoples Law Report: Persistent uncertainty regarding the extent to which governments in Canada are prepared to recognize...

The Assembly of First Nations (AFN) announced today that it stands with First Nations in Quebec and all First Nations’ jurisdiction over child and family law. “Taking the Act to the Supreme Court presents an opportunity for the full recognition and affirmation of First Nations Inherent rights, as well as the exercise of this jurisdiction,...

CBC – The Quebec Court of Appeal issued a decision yesterday finding the law constitutional apart from two key sections that relate to Aboriginal self-government and child and family services that it ruled are unconstitutional. The court took issue with the section of the law that allows Indigenous child welfare laws to supersede provincial laws...

The Court of Appeal of Québec ruled on Feb. 10, 2022 that Bill C-92 “is constitutional, except for ss. 21 and 22(3), which are not”. These sections deal with the right of Aboriginal self-government and the regulation of Child and Family Services. As Mary Ellen Turpel-Lafond, professor of law at the Peter Allard School of Law at...

CBC – Quebec Government has launched a legal challenge in Quebec Court of Appeal to assess the constitutionality of Bill C-92: “An Act Respecting First Nations, Métis and Inuit Children, Youth and Families“. Quebec Justice Minister Sonia LeBel stated that the parameters set for C-92 “exceeds the powers of the Parliament of Canada under the...

“Bill C-92, An Act respecting First Nations, Métis and Inuit children, youth and families” was graded as follows by the Yellowhead Institute of Ryerson University based on analysis by five Indigenous legal scholars. (See also First Nations Child and Family Caring Society Information Brief in C2A # 4) GRADES: National Standards: …………………… C Funding: ……………………………………..F...