The Quebec Court of Appeal was asked by reference whether the Act respecting First Nations, Inuit and Métis children, youth and families, S.C. 2019, c. 24, was ultra vires Parliament's jurisdiction.
The Court of Appeal held the Act was valid except for ss. 21 and 22(3), which it found impermissibly altered Canada's constitutional architecture.
Both the Attorney General of Quebec and the Attorney General of Canada appealed.
The Supreme Court upheld the entire Act as constitutionally valid under s. 91(24) of the Constitution Act, 1867, finding that its pith and substance — protecting the well-being of Indigenous children, youth and families by promoting culturally appropriate child and family services and advancing reconciliation — falls squarely within Parliament's jurisdiction over Indians and Lands reserved for the Indians.
The Court also held that ss. 21 and 22(3) do not alter the constitutional architecture: s. 21 is a valid anticipatory incorporation by reference provision, and s. 22(3) is a permissible legislative restatement of the doctrine of federal paramountcy.
