The Supreme Court of Canada unanimously affirms Indigenous jurisdiction over child welfare
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Self-determination Children and youth First Nations Inuit Métis
The court cites the UN Declaration on the Rights of Indigenous Peoples in its decision
On February 9, 2024, the Supreme Court of Canada ruled that a federal law that affirms that First Nations, Inuit and Métis have the right to lead their own child and family services is constitutional.
The Court said that the law, An Act respecting First Nations, Inuit and Métis children, youth and families, “protects the well-being of Indigenous children, youth and families by promoting the delivery of culturally appropriate child and family services and, in so doing, advances the process of reconciliation with Indigenous peoples.”
UN Declaration Act Action Plan Measure SP29 calls for the implementation of An Act respecting First Nations, Inuit and Métis children, youth and families.
The Supreme Court decision also cited the United Nations Declaration on the Rights of Indigenous Peoples (UN Declaration) many times in its decision. It also affirmed that the UN Declaration became part of Canada’s domestic law when the federal government passed the United Nations Declaration on the Rights of Indigenous Peoples Act (UN Declaration Act) into law.
- Read more about the court’s decision in this Radio-Canada story (French only)
- Learn how Indigenous leaders reacted to the decision in this Aboriginal People’s Television Network story and video and this Radio-Canada story (French only)
- Read more about the role of the UN Declaration in the court’s decision in this IndigiNews story
- Learn what Indigenous lawyers who intervened in the case think about the impacts of the decision on reconciliation, Indigenous rights and the UN Declaration Act in this story from the Canadian Bar Association
Department of Justice Canada
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