(Toronto, ON – February 9, 2024) Ontario Regional Chief Glen Hare and the Chiefs of Ontario have released the following statement in response to today’s Supreme Court of Canada decision regarding An Act Respecting First Nations, Inuit and Métis children, youth and families:
“This morning, we heard that the Supreme Court of Canada has ruled that An Act Respecting First Nations, Inuit and Métis children, youth and families, is constitutional, and that Canadian law recognizes Indigenous peoples have the right to self-government and jurisdiction over their children and family services,” said Ontario Regional Chief Glen Hare. “We celebrate this news coming out of the courts this morning, and we will continue to move forward in asserting and exercising our right to self-government and self-determination as sovereign nations.”
The Province of Québec challenged the constitutionality of An Act Respecting First Nations, Inuit and Métis children, youth and families, arguing it does not fall under the scope of the federal government’s legislative powers and that section 35 of the Constitution Act, 1982 does not guarantee First Nations’ rights to self-government.
In 2022, the Québec Court of Appeal ruled that the Act does indeed fall under federal jurisdiction and that Indigenous peoples’ right to self-government in relation to child and family services is an Aboriginal right protected under section 35.
However, the Québec Court of Appeal ruled that Indigenous child and family service laws could not take precedence over provincial law in situations where they are conflicting or inconsistent. Both Québec and Canada appealed this ruling to the Supreme Court.
“Finally, after a long and exhausting process, the Supreme Court has ruled that Bill C-92 is constitutional and Indigenous peoples can continue to enact laws and exercise governance and jurisdiction over the care of their children.”
“We’re pleased that the Supreme Court has said that the Act protects our right to self-government in the area of child and family services. The Court has directed the federal government and provinces to take measures to address the overrepresentation of Indigenous children in care.”
We are also pleased to see a strong statement from the Supreme Court that the United Nations Declaration on the Rights of Indigenous Peoples is part of Canadian domestic law. We look forward to working with the Crown to ensure its full implementation.
“This ruling will be seen as a landmark decision, and we, as First Nations, have always and will continue to take care of our children, youth and families. While we celebrate this court ruling, we also take this as an opportunity to say what we have always known – that First Nations have and have always had the rights and jurisdiction of Nations. At the point of first contact, First Nations were, and continue to be, fully functioning Nations, and will continue to exercise authority under those auspices. We will continue to assert and exercise our rights, regardless of what the colonial systems state and attempt to impose.”
The Chiefs of Ontario look forward to continuing the path forward and continuing the dialogue to ensure an approach to child and family care that is both culturally appropriate and fully First Nations-led.
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The Chiefs of Ontario supports all First Nations in Ontario as they assert their sovereignty, jurisdiction and their chosen expression of nationhood. Follow Chiefs of Ontario on Facebook, Twitter or Instagram @ChiefsOfOntario.
Media Contact:
Chris Hoyos
Director of Policy and Communications
Policy and Communications Sector
Chiefs of Ontario
Mobile: 437-422-3805
Email: Chris.Hoyos@coo.org
