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Supreme Court upholds OttawaSA国际影视传媒檚 Indigenous child welfare law, denies QuebecSA国际影视传媒檚 appeal

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The Supreme Court of Canada ruled Friday on the constitutionality of Bill C-92, An Act Respecting First Nations, M茅tis and Inuit Children Youth and Families, which became law in June 2019. The Supreme Court of Canada is pictured at sunset in Ottawa on Wednesday, Dec. 13, 2023. The Canadian Press/Sean Kilpatrick

Indigenous communities and leaders across the country cheered Friday as the Supreme Court of Canada upheld the federal governmentSA国际影视传媒檚 child welfare law, affirming that First Nations, Metis and Inuit have sole authority over the protection of their children.

The unanimous decision is a setback for the Quebec government, which won a victory in 2022 when the Court of Appeal found that parts of the act overstepped federal jurisdiction.

Indigenous leaders lauded the high courtSA国际影视传媒檚 findings as dozens of the very children at the heart of the decision ran rampant around an Ottawa conference room.

SA国际影视传媒淥ur peoples have compromised enough,SA国际影视传媒 said Assembly of First Nations Quebec-Labrador regional chief Ghislain Picard.

A group of children wearing ribbon skirts, kokum scarves and ribbon shirts sat in front of him as he spoke.

SA国际影视传媒淚tSA国际影视传媒檚 time now for other governments to do the same.SA国际影视传媒

FridaySA国际影视传媒檚 decision upholding the 2019 law ultimately affirmed that Indigenous Peoples have an inherent right to self-government that includes control over child and family services.

SA国际影视传媒淭he act as a whole is constitutionally valid,SA国际影视传媒 the court wrote in an 110-page decision, adding that it SA国际影视传媒渇alls squarely within ParliamentSA国际影视传媒檚 legislative jurisdiction.SA国际影视传媒

OttawaSA国际影视传媒檚 law affirmed the right of Indigenous Peoples to run their own child protection services and included sections that said Indigenous legislation had the force of federal law and could supersede provincial law.

Assembly of First Nations national chief Cindy Woodhouse Nepinak called the decision a significant step forward, especially as First Nations have never surrendered their jurisdiction over their children and families.

SA国际影视传媒淔irst Nations continue to have the inherent and constitutional right to care for our children and families, along with our sacred rights from Creator to raise our children surrounded by our cultures, languages, and traditions.SA国际影视传媒

The decision received multilateral support among federal political parties, with Prime Minister Justin Trudeau acknowledging the harms caused by child welfare systems, including the loss of identity, language and connection to communities.

Asked whether, if elected, he would stand by the law, Conservative Leader Pierre Poilievre said his party believes in SA国际影视传媒渕ore autonomy for First Nations communities and less paternalistic control by government.SA国际影视传媒

He said the Conservatives would SA国际影视传媒渞espect the rights of First Nations families to raise their own children.SA国际影视传媒

The NDPSA国际影视传媒檚 Indigenous services critic, Lori Idlout, said she hopes Quebec realizes it has an obligation to foster positive relationships with Indigenous Peoples.

QuebecSA国际影视传媒檚 minister responsible for social services, however, said his provinceSA国际影视传媒檚 fight was never with Indigenous Peoples. Instead, Lionel Carmant pointed at the federal government.

Carmant said he supports First NationsSA国际影视传媒 and InuitSA国际影视传媒檚 exercise of greater autonomy in the area of child protection SA国际影视传媒渋n harmony with the Quebec system.SA国际影视传媒 He added that the government would continue to analyze the decision in light of its important repercussions SA国际影视传媒渙n the question of the protection of vulnerable children and Indigenous governance.SA国际影视传媒

The high court ruled that nothing in the division of powers between the federal government and the provinces prevents Parliament from affirming that Indigenous PeoplesSA国际影视传媒 inherent right of selfSA国际影视传媒慻overnment includes legislative authority over child and family services.

SA国际影视传媒淭he essential matter addressed by the act involves protecting the well-being of Indigenous children, youth and families by promoting the delivery of culturally appropriate child and family services and, in so doing, advancing the process of reconciliation with Indigenous peoples,SA国际影视传媒 the court wrote.

Indigenous Services Minister Patty Hajdu said the decision paves the way for more autonomy in areas like health care and water quality, and called it SA国际影视传媒渢ruly historic.SA国际影视传媒

Speaking alongside Hajdu and Crown-Indigenous Relations Minister Gary Anandasangaree, Natan Obed said Inuit will work toward child welfare arrangements of their own.

SA国际影视传媒淲e will not be impeded by the demands of the provinces and territories, who would imagine that we do not have this right or are trying to put roadblocks in the way of implementing this right,SA国际影视传媒 said Obed, who serves as the president of Inuit Tapiriit Kanatami.

Cassidy Caron, president of the Metis National Council, similarly said Metis look forward to entering into constructive agreements with the federal government, SA国际影视传媒淎nd to continue down this pathway in a really good way.SA国际影视传媒

SA国际影视传媒擝y Alessia Passafiume, The Canadian Press, with files from Anja Karadeglija and Pierre Saint-Arnaud





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