News | Scw’exmx Child and Family Services

Jurisdiction Journeys
Feb 25, 2025

Anniversary of The Supreme Court’s Feb 9, 2024 Ruling Related to Child and Family Services

What is this decision about?

One year ago, on February 9th, 2024 the Supreme Court of Canada issued a decision upholding the act commonly referred to as Bill C-92 (An Act Respecting First Nations, Inuit and Metis Children, Youth and Families) as constitutionally valid as a whole.

This is a result of the Quebec Government’s challenge of the act, which was debated at the Quebec Court of Appeal, and then brought in front of the supreme court.

What is Bill C-92?

Until recently, general child and family services laws were only able to be passed by provinces, while the Parliament of Canada made child and family services laws for “status Indians” under the Indian Act. This changed when An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (Bill C-92) came into force January 2020.

The Act recognizes Indigenous Peoples’ jurisdiction over child and family services, as part of inherent and Aboriginal right to self-governance. It 1) establishes national standards all child and family service providers need to abide by when working with Indigenous families, and 2) sets out a framework for nations to develop their own family law.

Shortly after the Act was passed, the Quebec government launched a constitutional challenge to its validity. In 2022, the Quebec Court of Appeal found the Act to be mostly valid and in February 2024, the Supreme Court of Canada declared it constitutional in its entirety.

Does this decision change anything?

No, in that this decision upholds the already established act. By upholding the Act, the Supreme Court’s opinion supports Indigenous self-governance over child and family services and reaffirms the ability for Indigenous laws to override conflicting provincial laws. This eliminates any uncertainty that came from the Quebec Court of Appeal.

"We have always had our own laws and we have always had the right to care for our own families in our own ways. We never gave that up and Canadian laws can never change that. What the Act did was to provide space to focus on how we breathe life into those laws. Today’s decision from the Supreme Court holds that space open and we will carry on with our work."

-Mary Teegee-Gray, Chair of the Our Children Our Way Society

"This decision ends the colonial era of Canada and the provinces controlling Indigenous child welfare. Our inherent right to protect our children and to hold them within their families and communities is reaffirmed."

-Grand Chief Stewart Phillip of the Union of BC Indian Chiefs.

Does this affect SCFSS and my community?

For communities working to develop child and family laws, this decision reduced any uncertainty or barriers. This can support us in standing up for the rights of our communities and families.

SCFSS continues to work under the Bill C-92 national standards and the guidance of our five member communities. We walk alongside our communities on their jurisdiction journeys and support them in their decision making for their families.

SCFSS continues to advocate alongside our communities for systemic changes in the delegated authority structure and other mechanisms imposed by the provincial and federal government. Instead we uphold spíləx̣m and captikʷł governance systems, laws and practices.

What are spíləx̣m and captikʷł?

spíləx̣m and captikʷł are nłeʔképmx and syilx̌ oral stories. Indigenous laws are recorded in oral histories, oral narratives, ceremonies, songs, dances, practices and other expressions.