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 Canadian Constitution.” “The government of Quebec intends to defend its powers and its autonomy under the constitutional framework and wishes to maintain the full application of Quebec laws – including the Youth Protection Act – on its territory,” LeBel said in a statement.

The referral to the Court of Appeal, she says “will clarify the state of the law” as far as the “scope of federal jurisdiction.” Quebec believes that C-92 appropriates the “exclusive” jurisdiction of the provinces in matters of social services.

Some of the issues identified through various government commissions and reports indicate:

• In November, a report issued by the province’s auditor general found that Quebec’s youth protection system is “deeply flawed,” with over 289 cases brought to child welfare agencies every day – a 27 per cent jump since an initial survey completed in 2013.
• A child welfare inquiry, dubbed The Laurent Commission, began after a seven year old girl – a child known to the system – died under troubling circumstances in Granby earlier this year. Following a series of public consultations, stakeholders are expected to make a series of recommendations by November 2020.
• A collaborative report released in October, aptly titled One Step Forward, Two Steps Back, documented a cycle of child apprehension and placement in non-Indigenous foster homes.