Canada: Indigenous peoples of Quebec authorized to have their child protection system

The highest court in the country in Canada rules in favor of the indigenous people of Quebec. Different communities have the right to offer their own child protection system as has been done in other Canadian provinces for four years. The Quebec government contested this regulation according to which this type of service fell under its jurisdiction.

The Supreme Court of Canada building, in Ottawa, June 20, 2008. © GEOFF ROBINS / AFP

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The Canadian Supreme Court entirely rejects Quebec's arguments and confirms the constitutionality of a 2019 federal law which allows Indigenous communities to create their own youth protection system. Even though children's services are usually a provincial jurisdiction, the Supreme Court ruled that the federal Parliament "

 clearly 

" has the right to delegate this jurisdiction when it concerns indigenous peoples.

The indigenous people of Quebec welcome the decision of the Supreme Court, reports our correspondent in Quebec,

Pascale Guéricolas

. “

We are experiencing a historic decision. This is a decision that I very much welcome.

» The leader of an Attikamekw community Jean-Claude Miguish is delighted to see the Canadian Supreme Court approve indigenous initiatives in the area of ​​child protection. He saw many young people from his village, placed in foster families, rarely indigenous, and going far from home. “

They lost their language, they lost their culture. They have never been able to adapt to our cultural life.

»

Faced with poverty and the difficulty of making themselves understood by social services, indigenous parents are over-represented in the youth protection system. But now, some indigenous communities are implementing their own system. There is an emphasis on support for parents and prevention, as detailed by researcher Sarah Fraser of the University of Montreal. “

It’s being able to offer support, offer healing spaces, therapies, family activities, approaches with less dramatic implications, therefore having possibilities before placements.

»

This type of initiative, more in line with indigenous reality, will now be able to be implemented in Quebec.

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  • Canada

  • Children's rights

  • Human rights

  • Quebec