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Child Welfare (1-5)

Quebec Court of Appeal rules against two sections of Bill C-92

February 10, 2022

The Court of Appeal of Québec ruled on Feb. 10, 2022 that Bill C-92 “is constitutional, except for ss. 21 and 22(3), which are not”. These sections deal with the right of Aboriginal self-government and the regulation of Child and Family Services. As Mary Ellen Turpel-Lafond, professor of law at the Peter Allard School of Law at the University of British Columbia says,” “The only kind of law that would be allowed under this decision is one that’s clearly subordinate to the provincial law…It’s a bit of a slam dunk for The Indian Act.”