The Supreme Court of Canada Declares An Act Respecting First Nations, Inuit and Métis Children, Youth and families Constitutional

On appeal from the Quebec Court of Appeal, the Supreme Court of Canada has concluded in a decision authored by the entire Court that An Act respecting First Nations, Inuit and Métis children, youth and families is constitutionally valid in its entirety.[1]

In 2019, federal Parliament adopted the Act, then referred to commonly as “Bill C-92” to address the overrepresentation of Indigenous youth in child and family services, advance reconciliation with Indigenous peoples, and practically implement Canada’s adoption of the United Nations Declaration on the Rights of Indigenous Peoples (“UNDRIP”). The Act itself has two main elements. First, the Act creates national standards for the culturally appropriate provision of any child and family service in relation to Indigenous children. Particularly, the Act provides that primary consideration must be given to the child’s best interest and the child’s cultural ties. Moreover, child and family services provided in relation to an Indigenous child must be guided by Indigenous cultural continuity, and a mandatory order of priority to preserve cultural ties is established for the placement of Indigenous children.