Five Years of C-92: Progress Made and the Road Ahead for Indigenous Jurisdiction in Child and Family Services

Tuesday, April 22, 2025

An Act respecting First Nations, Inuit and Métis children, youth and families  came into force over five years ago on January 1, 2020. It is frequently referred to as “C-92” because it was originally introduced as Bill C-92. In this blog, I’ll just call it the “Act”.

The five-year anniversary of the Act marks an important milestone and offers a meaningful occasion to review the pathway for Indigenous peoples to exercise their inherent jurisdiction over child and family services created by the Act and the key ruling of the Supreme Court of Canada in its defense. We can also evaluate the implementation of the Act and the momentum that has built so far, and reflect on the importance of the incoming federal government maintaining its commitment to the Act and to Indigenous-led solutions in child and family services.

The Act’s Transformative Impact and a Big Win at the Supreme Court

The Act has two key functions:

1. It establishes national principles such as the best interests of the child, cultural continuity, and substantive equality. These principles prioritize the best interests of Indigenous children, emphasizing prevention and family reunification.
2. It affirms the rights of Indigenous peoples to exercise their own jurisdiction over child and family services.

With respect to the latter, the Act affirms that Indigenous peoples hold an inherent right of self-government in relation to child and family services that is protected by Section 35 of the Constitution Act, 1982. It says that Indigenous peoples have the power to make, enforce, and administer their own laws about child and family services. It creates a pathway for Indigenous peoples to exercise their inherent jurisdiction over child and family services if and when they choose. The Act also addresses conflicts between Indigenous laws, federal laws, and provincial or territorial laws, generally giving precedence to Indigenous laws.

The Act has had an incredibly positive and transformative impact on Indigenous children, youth, and families. Facilitating the creation of Indigenous laws, and coordination agreements to support their implementation, has enabled communities to begin self-determining child welfare services that meet the unique needs of their children, youth, and families. It embeds Indigenous traditions, values, and priorities into the systems serving Indigenous children, reducing the overrepresentation of Indigenous in care and promoting cultural continuity across generations. Moreover, the Act represents a significant step toward reconciliation, aligning with the Truth and Reconciliation Commission’s Calls to Action and the United Nations Declaration on the Rights of Indigenous Peoples.

In 2021, the Government of Quebec challenged the constitutionality of the Act. This case went all the way to the Supreme Court of Canada and ended in a big win for Indigenous peoples in February 2024 when the court completely dismissed Quebec’s challenge and reinforced the primacy of Indigenous jurisdiction in child and family services as affirmed by the Act. For more information about the Supreme Court’s ruling in this case, see this OKT blog post.

Implementation of the Act

The implementation of the Act has ramped up considerably over the last five years . Hundreds of Indigenous communities are now actively engaged with its opportunities. According to Canada’s webpage containing notices and updates on the Act, as of March 31, 2025:

• 89 Indigenous Governing Bodies have publicly declared their intent to exercise legislative authority/jurisdiction ,
• 45 have completed a law or nearly done so, and have requested to enter into a Coordination Agreement[1] to support their law’s implementation,
• 15 agreements have been signed (says the website; by our count there are 13 signed Coordination Agreements with 15 Indigenous nations, along with Canada and a province/territory being parties to these trilateral agreements; plus there are 3 bilateral agreements between Canada and an Indigenous nation), and
• 14 Indigenous laws have come into force (4 from nations based in Alberta ; 4 from nations based in British Columbia; 1 based in Saskatchewan; 1 based in Manitoba; 3 based in Ontario; and 1 based in Quebec).

These statistics highlight the growing exercise of Indigenous jurisdiction in child and family services across the country. And it suggests that dozens more Indigenous laws could soon be operational. Even still, these figures do not capture Indigenous groups that have not submitted formal notices but are actively engaged in jurisdiction work nonetheless. As of January 2025, 244 Indigenous governing bodies have accessed capacity funding to work on their laws and plans. The movement towards Indigenous jurisdiction in child and family services is substantial and far-reaching.

Importance of Maintaining Commitment to the Act

On January 3, 2025, Minister of Indigenous Services Patty Hajdu issued a press release celebrating the five-year anniversary of the Act. It highlights the progress made in empowering Indigenous communities to exercise jurisdiction over child and family services, including the signing of coordination agreements and the implementation of Indigenous laws. The Minister emphasized the importance of collaboration and continued efforts to support Indigenous-led approaches to child welfare, ensuring the well-being of Indigenous children, youth, and families across Canada.

The progress achieved under the Act is remarkable, and represents a powerful and long-overdue shift toward Indigenous self-determination and community-led child welfare solutions. With the Act’s framework clearly gaining traction, now is the time to double down on this momentum and continue building on the strides made over the past five years. Every notice, coordination agreement, and law brought into force signifies a step closer to a future where Indigenous children, youth, and families are served by systems rooted in their own traditions, values, and priorities.

And what can’t be seen on paper, but which we see and hear about regularly in our practice, is the big difference that makes on the ground. Families who receive support and are able to stay together. Children receiving services in their home community instead of losing touch and losing hope.  

We have come too far to quit. As Canada prepares to welcome a new government on April 28^th, it is essential for leaders to recognize the incredible strides made under the Act to date and the promise of even greater achievements in the future. By continuing to support and advance the Act’s implementation, the new government can build on this momentum and further empower Indigenous communities to shape the future of child and family services across the country.

[1] A Coordination Agreement is a formal agreement between an Indigenous Governing Body, the federal government, and the relevant provincial or territorial governments to coordinate the delivery of child and family services. These agreements must address several matters such as funding, service delivery responsibilities, and dispute resolution mechanisms to ensure effective implementation of Indigenous laws. With respect to funding, the Act requires that it be sustainable, needs-based, and consistent with the principle of substantive equality.