Month: February 2024
SCC upholds Indigenous child welfare legislation, but misses opportunity to go further
The Supreme Court of Canada has upheld the constitutionality of landmark federal legislation that establishes national standards for the provision of culturally appropriate child and family services for Indigenous children and seeks to provide concrete means for Indigenous peoples to assume effective control over their children’s welfare. However, the Court missed an opportunity to affirm that section 35 protects the right of Indigenous peoples to self-govern in the core area of child welfare.
February 12, 2024
