“It is a question of jurisdiction between the Quebec and Canadian governments, and we are pursuing the relationship with the Aboriginal communities,” said Quebec Minister of Justice Simon Jolin-Barrette, explaining why the provincial government is seeking leave to appeal before the Supreme Court of Canada.
“It is possible to have a partnership with the Aboriginal communities in order to take charge of youth protection, but this must be done within the division of powers that exists in the Constitution,” added Jolin-Barrette.
The architecture of the Canadian Constitution has been dramatically altered, with the emergence of a third level of government, after the Quebec Court of Appeal ruled that Indigenous people possess an existing right of self-government that is protected by section 35 of the Constitution Act, 1982, according to legal experts.
The “bold” decision, a reference case brought by the Attorney General of Québec after it challenged the constitutionality of the federal government’s Indigenous child welfare law, marks the first time a self-government right has been clearly recognized by the courts as a right of all Indigenous peoples in Canada, added aboriginal and constitutional legal experts.
“The Court recognized that Indigenous peoples in Canada have a right to self-government over child and family services recognized and affirmed by section 35 of the Constitution Act, 1982,” said Claire Truesdale, a Vancouver lawyer with JFK Law Corporation who practices Aboriginal, environmental and constitutional law. “This is remarkable.”
It will take a healthy dose of political will, huge investments and nearly a generation for the Quebec government to implement the wide-ranging recommendations an inquiry that examined treatment of Indigenous people made to the province’s justice and correctional systems, according to legal experts.
In the latest of a growing body of reports examining the plight of Indigenous people in Quebec, retired Quebec Superior Court Justice Jacques Viens concluded after an 18-month examination that “it seems impossible to deny” that members of the First Nations and Inuit are victims of systemic discrimination in accessing public services in Quebec.
The Supreme Court of Canada shed new light on the Crown’s constitutional duty to consult with Aboriginal communities and clarified the role and obligation of decision-making bodies in two separate decisons that has the potential of providing greater predictability for natural resources companies seeking regulatory approval.
The Quebec Court of Appeal granted a safeguard order today that temporarily postpones a court ruling that would have suspended new Indian status registrations as of July 4th.
Quebec Court of Appeal Justice Nicholas Kasirer granted the Attorney General of Canada leave to appeal from a June 27th decision that refused to extend for a second time the suspension of its August 3, 2015 judgment that found that the principal registration provisions of the Indian Act were invalid because it breached s.15 of the Canadian Charter of Rights and Freedoms.
A suspension on new Indian status registrations could begin new week unless the Quebec Court of Appeal issues a safeguard order that would temporarily suspend a ruling that ordered the federal government to correct discriminatory provisions in the Indian Act that infringe the Charter of Rights and Freedoms.
Quebec Superior Court Justice Chantal Masse dismissed a motion earlier this week to extend Parliament’s deadline for eliminating sex discrimination from the registration provisions in the Indian Act. Ottawa had already received a couple of extensions.
Federal and provincial governments “need” to demonstrate a “stronger engagement” towards conducting meaningful consultations with indigenous communities, according to a United Nations working group on business and human rights.
The duty to consult takes on added weight given that extensive mining and oil and gas extraction in several indigenous territories is “accompanied” by significant adverse environment impacts that affect the right to health, added the UN panel.