Ottawa backs Indigenous child welfare law after Quebec court declares parts of it unconstitutional
CBC
Indigenous Services Minister Patty Hajdu says Ottawa will continue to back its Indigenous child welfare law despite a Quebec court ruling that found parts of the law unconstitutional.
The Quebec Court of Appeal issued a decision yesterday finding the law constitutional apart from two key sections.
The court took issue with the section of the law that allows Indigenous child welfare laws to supersede provincial laws when they conflict.
Hajdu wouldn't say if the federal government will appeal the ruling. She said that Ottawa will do "whatever it takes" to ensure First Nations people have autonomy over Indigenous child welfare.
"The federal government's commitment to upholding C-92 and [the] principles behind C-92 remains firm," Hajdu told a Thursday news conference.
"This is a critical ingredient in reconciliation ... Indigenous people having autonomy over their ability to care for their children, to reconstitute families, to support healthy child development. And we will be there for Indigenous communities in their endeavours."
The Quebec government told CBC News it's also taking time to review the judgment before deciding whether to appeal.
It referred the legislation to Quebec's highest court as a constitutional question.
"It's quite a devastating decision," said Mary Ellen Turpel-Lafond, professor of law at the Peter Allard School of Law at the University of British Columbia.
"The only kind of law that would be allowed under this decision is one that's clearly subordinate to the provincial law."
Turpel-Lafond, who was involved in consultations on developing the legislation, called the decision a setback for Indigenous children, families and self-government.
She said the work First Nations, Métis and Inuit governments are doing to introduce new laws and policies to reunite families is now in doubt.
Turpel-Lafond said the ruling needs attention from Prime Minister Justin Trudeau.
"Likely this will pit people and make a political issue about whether or not the Trudeau government has stretched the Constitution too far," Turpel-Lafond said.
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