June 11, 2026
Last month, the Manitoba Court of King’s Bench issued a groundbreaking decision in Chief Heidi Cook et al. v. The Government of Manitoba et al.
The Court held that First Nations have a constitutionally protected right to self-government in the area of child and family services, and that Canada’s and Manitoba’s management of child welfare and child protection in Manitoba unjustifiably infringed that right.
The decision is a victory for Manitoba First Nations who have long fought to raise their children in their culture and community in accordance with their inherent laws and traditions. It also builds on other, recent court decisions which set the stage for a new approach to the recognition and protection of Aboriginal rights under the Canadian Constitution.