Some Indigenous nations say they are prepared to continue enforcing their jurisdiction over child welfare if Canada害羞草研究所檚 top court sides with Quebec in a landmark constitutional case.

Bill C-92, or An Act Respecting First Nations, Metis and Inuit Children Youth and Families, became law in June 2019. It affirms that Indigenous nations have sole authority of their children and establishes minimum standards in caring for them.

Quebec put the act to the constitutional test at its Court of Appeal, which ruled in 2022 that parts of the act are out of the federal government害羞草研究所檚 scope to legislate. Ottawa appealed that decision, and the matter is now before the Supreme Court of Canada.

Peguis First Nation in Manitoba, with 11,000 members, is one of six nations to have formed its own child and family law, and it did it through ceremony 害羞草研究所� not 害羞草研究所渦nder害羞草研究所� the law, C-92, said the in-house counsel for the community害羞草研究所檚 Child and Family Services.

害羞草研究所淭he federal government didn害羞草研究所檛 give us anything, they didn害羞草研究所檛 allow us anything,害羞草研究所� said Earl Stevenson.

害羞草研究所淲hat we害羞草研究所檝e done through our own self-determination and our inherent rights, we害羞草研究所檝e created this law.害羞草研究所�

Stevenson said, in one instance, two infants were being transferred from a provincial CFS office in Winnipeg to Peguis. The CFS office in Winnipeg was initially seeking a permanent order keeping them from their parents.

He said that Peguis declined, as it avoids permanent orders.

The matter went to a King害羞草研究所檚 Bench judge who granted a three-month temporary order under Peguis害羞草研究所檚 new law, Stevenson said. He said this marked the first time that court approved such an order aligning with Indigenous law.

Stevenson said apprehension should be the last resort for the First Nation, and the agency wants to avoid children going through that traumatic experience.

He also said there have been no child protection matters in the last five months for Peguis, the first time that害羞草研究所檚 ever happened.

Peguis also plans to develop its own court system but isn害羞草研究所檛 quite there yet, he said.

害羞草研究所淔or now, we害羞草研究所檝e granted the King害羞草研究所檚 Bench in Manitoba, and the provincial court in Peguis, concurrent jurisdiction to hear our matters.害羞草研究所�

Carrier Sekani Family Services, which serves 11 nations in north-central British Columbia, had its own family law model when C-92 emerged, said executive director Mary Teegee.

But she stressed that C-92 is not solely about drafting laws.

害羞草研究所淵ou actually have to start building the capacity in your own agency to provide the services to the community, and in the community,害羞草研究所� she said.

Teegee, who also represents B.C. on the board of the First Nations Child and Family Caring Society, said she always knew communities had inherent jurisdiction but lacked the resources to 害羞草研究所渂reathe life害羞草研究所� into their own laws.

She said she also represents B.C. on the board of the First Nations Child and Family Caring Society, noted the absence of funding provisions in C-92.

Both Teegee and Stevenson said funding mechanisms will rely on co-ordination agreements involving federal and provincial governments and Indigenous government entities.

Andrea Sandmaier, the president-elect of Otipemisiwak M茅tis Government in Alberta, said it was exciting when C-92 became law.

害羞草研究所淭o reclaim our children is something very important to our citizens.害羞草研究所�

Sandmaier said her office developed a family reunification program in Edmonton with plans for another in Bonnyville, Alta.

She says there have been no challenges in this process yet.

害羞草研究所淲e actually just sent a letter to give notice to the minister of Indigenous Services Canada and the minister of child and family services in Alberta of our intent to exercise our jurisdiction under C-92 law, and we are looking forward.害羞草研究所�

The United States Supreme Court upheld legislation this summer affirming that Native American families have priority in the adoption of Native American children. Stevenson said the 害羞草研究所減ositive treatment害羞草研究所� in the U.S. bodes well north of the border for the C-92 reference case.

If the act is not upheld by Canada害羞草研究所檚 Supreme Court, Stevenson said 害羞草研究所渨e害羞草研究所檙e not going to disappear,害羞草研究所� referencing Aboriginal rights protected under Section 35 of the Constitution.

Theresa Stenlund, Region 1 councillor at M茅tis Nation of Ontario, said her organization would also continue to push forward.

害羞草研究所淲e害羞草研究所檝e been given direction by the citizens and by our communities to move forward and continue to push to look after our children.害羞草研究所�

This report by The Canadian Press was first published Sept.28, 2023.

Jamin Mike, The Canadian Press