Canada's Highest Court Upholds Indigenous Jurisdiction

On February 9, 2024, the Supreme Court of Canada ("SCC" or the "Court") released its decision Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, 2024 SCC 5, ruling on the constitutionality of An Act respecting First Nations, Inuit and Métis children, youth and families (the "Act" or "Bill C-92").

The SCC held that the Act as a whole is constitutionally valid, representing a monumental victory for Indigenous rights and the affirmation of the United Nations Declaration of Indigenous Peoples ("UNDRIP" or the "Declaration"). The unanimous decision affirms that Canada's constitutional architecture is not a barrier to true reconciliation, but contains the possibility for renewal, redress, and even healing. Further, it ensures that reclaiming jurisdiction over child and family services through the process outlined under the Act remains a viable and important option for Indigenous peoples to address the devastating impacts of