Supreme Court of Canada upholds the constitutionality of the Act respecting First Nations, Inuit, and Métis children, youth and families

On February 9, 2024, the Supreme Court of Canada upheld the constitutionality of the Act respecting First Nations, Inuit, and Métis children, youth and families (the "Act").

The Supreme Court’s analysis focused on three aspects:

1. Self-Government: The Act’s provisions affirm the Indigenous right of self-government in child services, binding the federal government but not the courts.

2. National Standards: The Act establishes national standards for culturally appropriate child and family services, which are complementary to provincial initiatives and have only incidental effects on provincial powers.

3. UNDRIP Implementation: The Act allows Indigenous groups to adopt child and family service legislation, which prevails over provincial laws. The Supreme Court upholds this, noting that Parliament can incorporate laws from other jurisdictions.

This decision is significant for Indigenous communities, but it also touches on broad constitutional issues, such as Parliament’s powers to affirm its constitutional interpretations and delegate legislative powers.

McCarthy Tétrault acted as the solicitor for the intervener, the Canadian Constitution Foundation.