Premier R.J. Simpson says the NWTSA国际影视传媒檚 intervener status in the now decided Supreme Court case on whether Indigenous childcare laws can overrule provincial ones was taken out of context.
During question period in the legislative assembly on Feb. 9, Simpson defended his decision as NWT attorney general to join Quebec in its challenge of the law. A Quebec federal court had determined two clauses of the law were unconstitutional, but the federal government appealed the decision to the Supreme Court. The court voted unanimously last week that the law was in fact constitutional.
When Inuvik-Boot Lake MLA Denny Rodgers asked if the GNWT would uphold the spirit of the ruling, Simpson said the decision to join Quebec against the law stemmed from a constitutional question interpreting the Northwest Territories Act. When pressed by Rodgers if he would apologize to Indigenous governments for the GNWTSA国际影视传媒檚 stance, the premier said the decision to enter the case was SA国际影视传媒渁political.SA国际影视传媒�
SA国际影视传媒淲e were happy to see the decision was in line with the principles that we are already upholding and we will continue to do so,SA国际影视传媒� said Simpson. SA国际影视传媒淭his decision was made by me as attorney general in the previous government. There was no desire to put a political lens on decisions.
SA国际影视传媒淲hat was in question was a very specific legal question. We werenSA国际影视传媒檛 fighting Indigenous governments. We werenSA国际影视传媒檛 on side with the provinces. The reason I intervened in that case is because there was specific language in that federal act that we needed clarity on in relation with how it interacts with the NWT Act. ThatSA国际影视传媒檚 not an issue for any of the provinces, theySA国际影视传媒檙e not established by the NWT Act, theySA国际影视传媒檙e established by the Constitution.SA国际影视传媒�
Simpson said the answer to the legal question, SA国际影视传媒渁t first glance,SA国际影视传媒� was that CanadaSA国际影视传媒檚 territories are legally treated the same as provinces, regardless of whether created by an act or the Constitution itself.
A similar legal question exists in the Yukon Act, however Yukon did not join Quebec as an intervener.
SA国际影视传媒淲e wanted the act to continue,SA国际影视传媒� said Simpson. SA国际影视传媒淲hat we were seeking was clarity. This wasnSA国际影视传媒檛 a fight that we were getting engaged in. It wasnSA国际影视传媒檛 an attempt to hold on to power. We need a predictable and workable legal system in the Northwest Territories.
SA国际影视传媒淚 encourage all members to look at the decision, understand what we put forward as a government and not politicize this and turn it into something that itSA国际影视传媒檚 not. It is not what is has been portrayed as in this House on a number of occasions. It doesnSA国际影视传媒檛 matter how many times I stand up and explain this, it doesnSA国际影视传媒檛 seem to sink in.SA国际影视传媒�
In a statement, the Inuvialuit Regional Corporation, which passed its first childcare law SA国际影视传媒� SA国际影视传媒淚nuvialuit Qitunrariit Inuuniarnikkun Maligaksat,SA国际影视传媒� or the SA国际影视传媒淚nuvialuit Family Way of Living LawSA国际影视传媒� in November of 2021 SA国际影视传媒� issued a statement following the Supreme CourtSA国际影视传媒檚 ruling.
SA国际影视传媒淭his decision is a major win for Indigenous self-determination in Canada. The Supreme Court of Canada has recognized Indigenous governmentSA国际影视传媒檚 inherent right to make laws for their people,SA国际影视传媒� reads the statement. SA国际影视传媒淔or Inuvialuit, it reaffirms what we already knew: that Indigenous communities should be the ones who decide how their children are cared for.
SA国际影视传媒淚RC will work with all governments to ensure this decision is respected. While there is much work still to do, this is a major victory for Inuvialuit and Indigenous communities in Canada.SA国际影视传媒�
The IRC added that Inuvialuit Qitunrariit Inuuniarnikkun Maligaksat aims to improve sharing of information; enhance supports for Inuvialuit families so they thrive and reduce interventions; provide cultural continuity for Inuvialuit children; and to grow and develop an Inuvialuit jurisdiction to oversee child and family services SA国际影视传媒渁t our own pace, in our own way.SA国际影视传媒�
