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The Troubling Basis for the Supreme Court’s Child Welfare Law Decision – Bruce McIvor

Feb 12, 2024

There is a lot of misinformation circulating about last week’s Supreme Court decision on the federal government’s Indigenous child welfare law.

The decision is a huge victory. It confirms Indigenous peoples can use a legal tool offered them by the federal government to protect their children. Consequently, its importance can’t be over-emphasized.

At the same time, on the wider issue of Indigenous self-government rights, it is not the victory some people are saying it is.

The Court did not confirm an Indigenous right to self-government protected by section 35 of the constitution.

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