Anna Beatch

Feb 20, 2024 | mondaq.com | Anna Beatch |Drew Lafond |Josh Morrison |Michael Clark

Canada's highest court has ruled that An Act respecting First Nations, Inuit and Métis children, youth and families, SC 2019, c 24 (the "Act") as a whole is constitutionally valid.1 As further set out in a previous blog post, the Act affirms that the inherent right of self-government recognized and affirmed by Section 35 of the Constitution Act, 1982 (the "Constitution") includes jurisdiction in relation to Indigenous child and family services ("CFS") and establishes a framework through which...

Feb 19, 2024 | mondaq.com | Anna Beatch |Drew Lafond |Josh Morrison |Michael Clark

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?

Aug 1, 2023 | mondaq.com | Anna Beatch |Jodi Hancheroff

This article was prepared with the assistance of summer law student Alyssa Cratty. The Government of Canada's Action Plan to advance the implementation of the United Nations Declaration on the Rights of Indigenous Peoples in Canada includes two priorities related to Indigenous child and family services ("CFS"). In a previous blog post, we discussed Canada's priorities related to Indigenous peoples' inherent right to self-determination and inherent right of self-government.