MCK Reacts to Supreme Court Decision on Bill C-92

KAHNAWA:KE – The Mohawk Council of Kahnawà:ke (MCK) wishes to inform the community that this morning, the Supreme Court of Canada unanimously ruled against the Government of Quebec’s constitutional challenge of Bill C-92: An Act respecting First Nations, Inuit and Métis children, youth, and families.

The Bill, passed by the Federal Government of Canada on June 21, 2019, affirms that First Nations have jurisdictional authority to legislate over their own child and family protection and outlines national minimum standards of care. This allows First Nations Communities to govern over their own child and family care based on what is deemed by First Nations to be in the best interests of the child while promoting and maintaining cultural continuity.

In their constitutional challenge, Quebec argued that in passing the Bill, the Canadian Government overstepped their legislative authority, infringed upon provincial jurisdiction, and effectively-recognized Indigenous peoples as a third order of Government. Today’s decision was rendered against Quebec’s challenge, ruling that the law in its entirety is constitutional.

The MCK is pleased that the constitutional challenge was unsuccessful and considers this a widespread and positive decision for all First Nations Communities across Turtle Island. The MCK will conduct a comprehensive legal analysis of what the outcomes of this decision will mean for Kahnawà:ke specifically, and more information on this will be provided to the community in the near future.

The ruling can be viewed at https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20264/index.do.

For more information on Bill C-92, please visit Bill C-92: An Act respecting First Nations, Inuit and Métis children, youth and families receives Royal Assent - Canada.ca.