cover image: The Supreme Court of Canada’s Child Welfare Ruling: Short and Long-Term Implications


The Supreme Court of Canada’s Child Welfare Ruling: Short and Long-Term Implications

21 Feb 2024

In short, the Act responded to Indigenous peoples’ calls for ey armed that the exercise of self-government is support in their care of their children and families, and for permissive, meaning that it will be up to Indigenous Canada to begin to x over a century of harm caused to peoples to choose whether and when to exercise their Indigenous peoples by the removal and disappearance of powers. [...] e Court has also provided important guidance on the Because of the nature of a reference, all of the other coordination of Indigenous child and family services provinces and Indigenous communities and organizations between Indigenous governing entities, and the provincial were interveners. [...] is form of legislation can e Court also refers to the Honour of the Crown to be an ecient way for a government to legally bind itself to suggest Canada, in creating the Act, has bound itself its recognition of Indigenous jurisdiction, without having to recognize Indigenous jurisdiction, at least over to work out the precise details through litigation or an children and families. [...] Whether Rather, it is a form of recognition of the inherent right to there is enough in the Court’s reasons to nally move out self government; the activity of recognition becomes a limit of the shadow of the Crown’s assertion of sovereignty is on the state’s conduct, requiring it to respect Indigenous unclear. [...] Section 25 of the Charter says that the Charter shall not apply in a manner that “abrogates or derogates” from the rights of the “Aboriginal peoples of Canada.” e Act specically says that the Charter will apply to the exercise of the inherent right to self-government under s.
Published in