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 when they conflict. “It’s quite a devastating decision,” said Mary Ellen Turpel-Lafond, professor of law at the Peter Allard School of Law at the University of British Columbia. “The only kind of law that would be allowed under this decision is one that’s clearly subordinate to the provincial law.”

Turpel-Lafond, who was involved in consultations on developing the legislation, called the decision a setback for Indigenous children, families and self-government. She said the work First Nations, Métis and Inuit governments are doing to introduce new laws and policies to reunite families is now in doubt. She said the Quebec court’s decision should be reviewed by Supreme Court of Canada — a process that could take two years. “This is a bit of a slam dunk for the Indian Act,” she said.

“If you happen to be a kid that’s not living in the province that’s particularly friendly to Indigenous peoples having rights, you may not get any rights. That’s not what we want.
https://courdappelduquebec.ca/en/judgments/details/reference-to-the-court-of-appeal-of-quebec-in-relation-with-the-act-respecting-first-nations-inuit/