Bill C-92: Shaping the Future of Indigenous Child and Family Services in Canada
On February 9, 2024, the Supreme Court of Canada unanimously upheld Bill C-92 - An Act respecting First Nations, Inuit and Métis children, youth and families - confirming Parliament can set national standards and recognize Indigenous jurisdiction over child and family services. Bill C-92 responds to longstanding calls to fix child welfare by centering the best interests of Indigenous children, cultural continuity, and substantive equality. The numbers remain stark: Indigenous children account for 7.7% of Canada’s under-15 population yet 53.8% of children in foster care. The Court also described the law as advancing reconciliation by promoting culturally appropriate services. Politically, Quebec’s constitutional challenge was dismissed, while Indigenous governments and leaders - including in Alberta - welcomed the result. The ruling situates C-92 within Canada’s UNDRIP implementation and sets the agenda for intergovernmental coordination in the months ahead.
Background of C-92
Formally titled An Act respecting First Nations, Inuit and Métis children, youth and families (S.C. 2019, c. 24), C-92 establishes a federal framework for Indigenous communities to deliver child and family services. Its purposes are to affirm Indigenous self-government (including jurisdiction), set national principles, and contribute to implementing the United Nations Declaration on the Rights of Indigenous Peoples. In force since January 1, 2020, it restates that s. 35 of the Constitution Act, 1982 includes jurisdiction over child and family services and - after notice and coordination - Indigenous laws carry the force of federal law and prevail over conflicting provincial laws. The framework is anchored by three national principles that guide interpretation and practice: the best interests of the child, cultural continuity, and substantive equality. Among other measures, the Act directs that children are not apprehended solely for socio-economic conditions and sets placement priorities that keep children connected to family and community. It also outlines notice and coordination for agreements with provinces and Canada.
Legal and Political Developments
In 2022, the Quebec Court of Appeal found C-92 largely valid but struck s. 21 (granting Indigenous laws the force of federal law) and s. 22(3) (paramountcy over conflicting provincial laws). On February 9, 2024, the Supreme Court of Canada unanimously reversed that view in 2024 SCC 5, and confirming Parliament’s authority to set national standards and give effect to Indigenous jurisdiction through C-92’s coordination framework. Politically, the ruling affirms Indigenous governments can bring their own child and family services laws into force, while shifting the hard work to intergovernmental tables - tripartite coordination agreements and related funding - to make those laws operational inside provincial systems. Indigenous organizations welcomed the decision; provinces signaled they will adapt. Reinforcing that direction, in September 2025 the Premier of Alberta, Danielle Smith’s, mandate letter tasked the Children and Family Services Minister to lead engagement on C-92 implementation with First Nations, Métis communities, and Canada - framing child welfare reform as an ongoing intergovernmental file rather than a finished statute. As more Nations proceed, implementation will require continued negotiation and alignment, but the constitutional path is now settled.
Why It’s a Positive Opportunity
Upholding C-92 turns reconciliation into practice: the Supreme Court confirmed a framework that affirms Indigenous peoples’ inherent right of self-government in child and family services and gives effect to Indigenous laws through the Act’s process, with constitutional certainty. The statute embeds national principles - best interests of the child and cultural continuity - requiring decisions that keep children connected to family, language, and community, and deliver culturally grounded services. It also opens practical pathways for shared governance: tripartite coordination agreements and fiscal arrangements that knit Indigenous laws into provincial systems while respecting their character. Beyond child welfare, legal commentators see in C-92 a template for implementing UNDRIP standards plus coordination - that could support recognition of Indigenous jurisdiction in other areas.
Alberta Counsel’s Involvement
Alberta Counsel is engaged with the Chiniki First Nation, which is part of the Stoney Nakoda Nation, on the C-92 initiative. We have conducted meaningful community engagements to support the process and shape next steps, focusing on three fronts: community facing sessions (information forums and listening circles); leadership briefings on jurisdiction pathways; and mapping of coordination processes with local service partners. Additional engagement phases are planned in collaboration with community leadership. This reflects our ongoing commitment to supporting Indigenous communities navigating new legal frameworks.
Looking Ahead / Conclusion
C-92’s jurisdiction will keep expanding as more Nations bring their own child and family services laws into force, with tripartite negotiations shaping coordination, funding, and daily practice. As noted earlier, Alberta’s recent mandate letter underscores ongoing provincial engagement on implementation - an indicator to watch as talks progress. More broadly, this experience offers a template for recognizing Indigenous law beyond child welfare. Ultimately, C-92 is a legal milestone and a political social opportunity aligned with reconciliation.