Indigenous groups stand firm with child welfare law before Supreme Court

Some Indigenous nations say they are prepared to continue enforcing their jurisdiction over child welfare if Canada’s top court sides with Quebec in a landmark constitutional case.

Peguis First Nation in Manitoba, with 11,000 members, is one of six nations to have formed its own child and family law, and it did it through ceremony – not “under” the law, C-92, said the in-house counsel for the community’s Child and Family Services. Stevenson said, in one instance, two infants were being transferred from a provincial CFS office in Winnipeg to Peguis. The CFS office in Winnipeg was initially seeking a permanent order keeping them from their parents.The matter went to a King's Bench judge who granted a three-month temporary order under Peguis's new law, Stevenson said. He said this marked the first time that court approved such an order aligning with Indigenous law.

Carrier Sekani Family Services, which serves 11 nations in north-central British Columbia, had its own family law model when C-92 emerged, said executive director Mary Teegee.“You actually have to start building the capacity in your own agency to provide the services to the community, and in the community," she said.Child and Family Caring Society, said she always knew communities had inherent jurisdiction but lacked the resources to “breathe life” into their own laws.

Andrea Sandmaier, the president-elect of Otipemisiwak Métis Government in Alberta, said it was exciting when C-92 became law.Sandmaier said her office developed a family reunification program in Edmonton with plans for another in Bonnyville, Alta."We actually just sent a letter to give notice to the minister of Indigenous Services Canada and the minister of child and family services in Alberta of our intent to exercise our jurisdiction under C-92 law, and we are looking forward.

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