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Indigenous communities

Carrier Sekani Family Services applauds Supreme Court Ruling on Indigenous Children

Feb 9, 2024 | 5:32 PM

PRINCE GEORGE— The Supreme Court of Canada has unanimously ruled that the federal Indigenous child welfare act is constitutional, affirming that First Nations, Metis and Inuit have sole authority over the protection of their children.

The decision is a setback for the Quebec Government who won a victory with the Court of Appeals when they argued that Canada cannot hold Indigenous laws above Provincial laws. This created a case-by-case approach when determining whether to follow Indigenous laws or provincial requirements when it comes to determining Child and Family services.

“We have always had our own laws and we have always had the right to care for our own families in our own ways. We never gave that up and Canadian laws can never change that. What the Act did was to provide space to focus on how we breathe life into those laws. Today’s decision from the Supreme Court holds that space open and we will carry on with our work,” says Mary Teegee-Gray, Chair of the Our Children Our Way Society.

Carrier Sekani Family Services (CSFS), along with four Carrier Sekani nations, was granted intervener status. CSFS argued that the case-by-case approach has created unreasonable barriers to First Nations abilities to self govern.

“For 40 years, Cheslatta, Nadleh, Saik’uz, and Stellat’en have engaged in a variety of self-government and rights-recognition processes with Canada, including the B.C. Treaty process. To date, those processes have not led to concrete or positive results. We have advocated and worked very hard to change the system, we finally have our right to care for our children our way and it’s protected by the Constitution of Canada. Now the B.C. Government has no choice but to ensure that it has a process to support First Nations Autonomy and inherent rights in all aspect of Indigenous well-being,” says CSFS Board President and Saik’uz First Nation Chief Priscilla Mueller.

The Supreme Court found that enacting the Act would uphold Canada’s commitment to implement the UN Declaration on the Rights of Indigenous Peoples, respond to the Truth and Reconciliation Committee’s calls to Action, and avoid the uncertainties of constitutional negotiations, the slowness of treaty settlements, and conflicts associated with court settlements.

“This decision clears the way for our Nations to devote their time and resources to the work that matters: caring for our children,” says Warner Adam, CEO of CSFS

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Email: sam.bennison@pattisonmedia.com

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