CSFS Applauds Supreme Court of Canada Upholding the Act Respecting First Nations, Inuit and Métis children, youth and families

February 9, 2024

Carrier Sekani Family Services, along with the Nations we serve, celebrate today's Supreme Court decision upholding our inherent right to care for our own children our own way.

Today's decision affirms the constitutional validity of the Act Respecting First Nations, Inuit and Métis children, youth and families.

The Act came into effect in 2020. It affirms that Indigenous Nations have jurisdiction over child and family services and establishes national minimum standards for the delivery of child & family services.

The Quebec government challenged the Act on constitutional grounds, and the Quebec Court of Appeal struck down two sections of the Act: section 21 which provides that Indigenous laws have the force of federal law and section 22(3) which specifies that Indigenous laws prevail over provincial laws in the event of a conflict.

Quebec argued that Canada cannot hold Indigenous laws above provincial laws in a general fashion: paramountcy must be determined in a case-by-case manner.

The Supreme Court of Canada allowed an appeal of the Quebec decision, and Carrier Sekani Family Services, along with four Carrier Sekani nations, was granted intervener status. The Carrier Sekani interveners argued that the case-by-case approach has created unreasonable barriers to self-government.

"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 is protected by the constitution of Canada. Now the BC 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 Court found that in enacting the Act, Parliament met Canada’s commitment to implement the UN Declaration on the Rights of Indigenous Peoples, respond to the TRC’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 Carrier Sekani Family Services. 

Media contact: Jordan Cryderman, CSFS Communications: 250-612-8951 (Hours for response: 8 a.m. – 7 p.m.)

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