Restrictions on Party Status in Interpretations of An Act Respecting First Nations, Inuit And Métis Children, Youth And Families
Year: 2026
Type: article
Abstract: An Act respecting First Nations, Inuit and Métis children, youth and families came into force in January 2020 with the stated objectives of affirming Indigenous jurisdiction over child and family services, reducing the overrepresentation of Indigenous children in state care, and advancing Canada’s commitments under the United Nations Declaration on the Rights of Indigenous Peoples. Central to achieving these objectives are the Act’s National Standards, which are intended to ensure Indigenous communities are meaningfully included in decision-making processes. While these standards were upheld by the Supreme Court of Canada in 2024 as constitutional, emerging jurisprudence reveals significant shortcomings in the implementation of these standards. This article examines a growing line of cases in which courts have narrowly interpreted Indigenous governing bodies’ statutory right to “make representations,” frequently denying party status and restricting the scope of participation even where Indigenous communities have expressly sought to engage. The article argues that such interpretations undermine the Act’s objectives by excluding community-based evidence. These judicial approaches risk entrenching procedural barriers that perpetuate substantive inequality. The article contends that requiring Indigenous governing bodies to navigate complex provincial rules of court to secure meaningful participation is inconsistent with the Act’s purpose and design.
Source: Journal of Law and Social Policy
Authors: Jamesy Patrick, Alana Cattapan, Brenda Yuen
Institutions: University of Saskatchewan, University of Waterloo
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: bronze
OpenAlex ID: W7204939168