As a summer intern with the Mohawk Council of Akwesasne, I have had the opportunity to work alongside the Akwesasne Representative and Advocacy Program (ARAP). One of the most pressing issues I’ve seen during my time here is how difficult it remains to have An Act respecting First Nations, Inuit and Métis children, youth and families (Bill C-92) fully recognized, particularly in Quebec.
Bill C-92 came into effect on January 1, 2020, with the aim of affirming Indigenous peoples’ inherent right to self-government and jurisdiction over child and family services. Its stated purpose is to ensure that Indigenous children’s best interests, cultural continuity, and substantive equality are prioritized in all matters affecting their care. This Bill was also designed to contribute to the implementation of the United Nations Declaration on the Rights of Indigenous Peoples and address the disproportionate number of Indigenous children in foster care. According to the 2021 Canadian Census, while Indigenous children represent just 7.7% of the population under 14, they make up 53.8% of children in foster care (p. 2).
A colleague I spoke with during my time at the Mohawk Council of Akwesasne shared that approximately 25% of children born in the community are displaced from their biological parents at some point in their lives. The right of Indigenous communities to create and enforce their own family and child welfare laws is vital for both cultural survival and justice. Canada’s history of forcibly removing Indigenous children through the residential school system, the Sixties Scoop, and other state interventions has resulted in intergenerational trauma. These policies not only separated children from their families but also eroded cultural identity, language, and traditional knowledge within Indigenous communities. Restoring the community’s jurisdiction over child and family matters represents a crucial step toward healing, cultural revitalization, and the exercise of self-determination.
Bill C-92, which affirms the right of Indigenous communities to exercise jurisdiction over child and family matters, has encountered significant resistance in Quebec. Just weeks before it became law, the Quebec government challenged its constitutionality in the Quebec Court of Appeal, arguing that it overstepped federal authority by granting Indigenous nations jurisdiction that could override provincial laws. Although the Supreme Court of Canada ultimately upheld the constitutionality of Bill C-92 in February 2024, affirming Indigenous sovereignty over child and family services, Quebec’s lack of recognition in practice remains a barrier.
My colleagues at the Mohawk Council of Akwesasne emphasized the critical importance of ensuring that Band Representatives are notified immediately when a child who may be a member of their community comes into contact with Quebec’s Department of Youth Protection. Early notification allows a representative from the child’s Indigenous community to be involved from the outset, ensuring that decisions reflect the child’s best interests, considering cultural identity and community ties. This safeguard not only provides culturally grounded advocacy and protection but also helps prevent further disconnection from family, language, and traditions.
Unfortunately, in practice, this legal obligation is not consistently followed. At Akwesasne, we often see Band Representatives of the Mohawk Council being notified days before a court hearing, despite the Department of Youth Protection having been in contact with the family for months, or even more than a year. This delay undermines the very purpose of Bill C-92. By the time the Mohawk Council of Akwesasne is contacted, it is often too late to meaningfully intervene and support the family.
I witnessed the impact of these gaps firsthand in Quebec, at the Salaberry-de-Valleyfield courthouse. I accompanied a colleague from ARAP to court for a child and family matter. Despite my colleague being present to support the Mohawk client, my colleague was not permitted by the Department of Youth Protection’s lawyer to participate in the hearing.
This experience made it clear to me that while Bill C-92 is an important step toward restoring Indigenous jurisdiction and self-determination, its success depends on governments and institutions truly recognizing its authority and implementing it in practice.
Source: Karine Croteau et al., “Developments and challenges implementing Bill C-92 in Canada: a critical rapid review” (2025) AlterNative, online: <Developments and challenges implementing Bill C-92 in Canada: a critical rapid review>.