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The Supreme Court of Canada has upheld the federal government’s Indigenous child welfare act.
As Dan Karpenchuk reports, the challenge came from the province of Quebec which argued that the act overstepped provincial jurisdiction.
Quebec won the case in 2022 before the Court of Appeal, but Canada’s highest court, in a unanimous decision, upheld Ottawa’s child welfare law, thereby affirming that First Nations, Metis, and Inuit have the sole authority over the protection of their children.
Indigenous leaders cheered the decision.
One of them was Ghislain Picard, Assembly of First Nations regional chief from Quebec-Labrador.
“Our peoples have compromised enough. I think it’s time now for other governments to do the same. I think it’s the only way that trust and good faith will prevail.”
The ruling also affirmed that Indigenous peoples have an inherent right to self government – and that includes control over child and family services.
The High Court said there is nothing in the division of powers between the federal government and the provinces that prevents Parliament from affirming that Indigenous peoples have the inherent right of self government.
Indigenous Services Minister Patty Hajdu called the decision truly historic.
“Separating parents and their children from culture, from family, from language, indeed from care, is a tool that colonizers have used to diminish and oppress people all around the world.”
Hajdu also says the decision paves the way for more Indigenous autonomy in areas such as health care and water quality on reserves.
The National Congress of American Indians (NCAI) is holding its winter session in Washington, DC this week.
President Mark Macarro (Pechanga Band of Indians) kicked it off on Monday with the annual State of Indian Nations address.
Matt Laslo has more from Washington.
The “work always continues”, Macarro told attendees here in Washington, but he reports, “the state of Indian nations is strong and on the rise.”
“Let us also take a moment to breathe in the rich diversity and strength of our thriving tribal nations that are in this very room. I believe this is a moment for hope and in the country. We continue to make strides and representation and everything from elected office to outer space to what I would what I believe will be a historic night at the Academy Awards next month.”
Macarro announced three calls to action in his address. First on his list is the announcement that NCAI plans to host a national public safety summit.
“Where we can engage in deep discussions about jurisdictional and law enforcement needs on all our tribal lands and address police brutality in our urban tribal communities.”
Macarro says that public safety summit will also focus on combatting the opioid epidemic.
Second on his list was the announcement that NCAI is forming a taskforce focused on the integrity of tribal membership and unity after two constitutional amendments to exclude state-recognized tribes from voting membership were defeated at last year’s annual conference.
“I want us to work through this in a respectful way. This is essential for uniting our voices and forging a legacy of unity and strength. And to our Alaska relatives, I recognize our unity as indigenous people. Our partnership moving forward is critically important.”
Lastly, Macarro announced NCAI will be convening a Native vote roundtable ahead of November’s presidential election.
“Our collected and continued political engagement is crucial. Every vote we cast has the power to shape the future.”
Under the Biden Administration, there are more Native Americans in the highest levels of government than ever before, which Macarro says is being felt in Indian Country.
“This representation fosters a deeper understanding of our needs. Substantial efforts have been made to enhance government to government dialogue and to seek consultation with us. We’ve seen improvements in community trust processes, NAGPRA, and environmental standards. This administration has also worked with us to restore stewardship of our ancestral homelands.”
Macarro called on Congress to make Indian Health Service funding mandatory and permanent, while he’s also advocating for federal lawmakers to reauthorize and modernize the Native American Housing and Self-Determination Act.
“Indian Country needs are not entitlements. Indian Country’s needs are non-negotiable. They are imperative and they must be met.”
Throughout the rest of the week, tribal leaders and Alaska natives will receive training sessions before NCAI members hit Capitol Hill offices Thursday to lobby members of Congress and their staff’s directly on behalf of Indian Country.
NCAI Executive Director Larry Wright Jr. (citizen of the Ponca Tribe of Nebraska) says these efforts are vital.
“Our mission – to protect and advance the rights and interests of tribal nations – remains as critical today, as it was in our founding. My role as executive director convinced me to uphold this mission, ensuring that our collective efforts resonate not only within our communities, but across the halls of power because that’s where the decisions affecting our futures are being made.”
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