In 2020, Bill C92, or an Act Respecting First Nations, Inuit and Metis Children, Youth and Families, came into force in Canada. The Act historically recognized and affirmed Indigenous jurisdiction over child and family services and established national minimal standards for service delivery. In 2024, the Supreme Court of Canada upheld the constitutionality of the Act in an appeal from a Quebec Court of Appeal reference case. The Court stressed all parts of the Act must be viewed as “integrated parts of a unified whole” and required the braiding together of Indigenous laws, state laws and international laws into a “single strong rope.” The Act’s aspirations remain in tension with ongoing challenges in implementation. This article outlines the main provisions of the Act. It then examines the law-making efforts and accomplishments of Indigenous governments exercising jurisdiction using the Act, along with some of the hopes and obstacles encountered through this work. Next, it considers some of the emerging jurisprudence interpreting the Act, and some of the implications this case law has on whether the stated purposes of the Act are being achieved. It concludes by highlighting the ongoing uncertainty and hopes for realizing the full potential and aspirations of the Act.
Hadley Friedland (Tue,) studied this question.