Bill C-92 declared constitutional by Supreme Court of Canada

Update: Click here to read our follow-up blog post on this topic.

The Supreme Court of Canada has ruled that An Act respecting First Nations, Inuit and Métis children, youth and families, SC 2019, c 24 (the “Act”) is constitutionally valid.

The Province of Quebec had referred the following constitutional question to the Quebec Court of Appeal:

[Translation] Is the Act respecting First Nations, Inuit and Métis children, youth and families ultra vires the jurisdiction of the Parliament of Canada under the Constitution of Canada?

The Quebec Court of Appeal held the Act to be constitutionally valid save for Sections 21 and 22(3), which provide for the paramountcy of Indigenous child and family services laws over conflicting or inconsistent provincial laws.

On appeal, the Supreme Court of Canada concluded that the Act as a whole is constitutionally valid, as it falls within Parliament’s legislative jurisdiction under Section 91(24) of the Constitution Act, 1867.

MLT Aikins will publish another blog with a more detailed analysis of the Supreme Court of Canada’s decision and its potential impacts in the coming days. Please contact a member of our Indigenous practice group if you would like to discuss the impacts of the decision.

Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.