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Jim Baillie and Harry Swain: The government’s Indigenous child welfare law has noble intentions but is atrocious legislation – The Hub

The Act is replete with vague phrases and imprecise concepts

April 25, 2024

In its quest to satisfy all 94 of the “calls to action” made by the Truth and Reconciliation Commission, the federal government has ticked another important box. Call number four is for child welfare legislation that “establishes national standards for Aboriginal child apprehension and custodial care…,” including the specific objective of “Affirm[ing] the right of Aboriginal governments to establish and maintain their own child-welfare agencies.”

The method is An Act respecting First Nations, Inuit and Métis children, youth and families enacted in 2019. It survived a constitutional challenge led by Quebec with a Supreme Court of Canada decision released in February, 14 months after a hearing involving 35 parties with appearances from 102 lawyers. With one important exception, the Court sustained the Act.

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