Inuvialuit Regional Corporation says it is losing out on $131,000 a day in federal funding because of a court challenge to its first law.
Launching the “Children in Our Care” campaign Aug. 3, the IRC said it is continuing to call on the GNWT to reverse its decision to intervene in a Supreme Court challenge that’s holding up implementation of the IRC’s first law, which was passed in November 2021 after the federal government’s Act respecting First Nations, Inuit and Métis children, youth and families came into force on January 1, 2020.
“Inuvialuit children continue to be taken away from their families, homes and communities – denied their culture and most basic rights,” said IRC Chair and chief executive officer Duane Ningaqsiq Smith, “To date, the GNWT has used every stall tactic at their disposal to delay the implementation of the Inuvialuit Qitunrariit Inuuniarnikkun Maligaksat, also known as the Inuvialuit Family Way of Living Law – and Inuvialuit children and families are paying the price.”
Under the federal act, Indigenous governments have the right to exercise their own jurisdiction over child and family services and develop programs more in line with traditional Indigenous cultures and values. These laws are considered federal and overrule provincial and territorial jurisdiction.
Since the act was passed, the Quebec Supreme Court overturned two provisions in the law and the federal government appealed the decision. The Quebec government has continued to challenge the law in the Supreme Court of Canada and Alberta, British Columbia, Manitoba and the Northwest Territories have joined it as interveners in the case. The Supreme Court heard arguments from both sides on Dec. 8, 2022.
Attorney general RJ Simpson has previously told media the GNWT’s concern is over a language conflict between the NWT Act and the Act Respecting First Nations. The NWT act requires the federal government to consult the GNWT on constitutional issues and also states that federal law overrules territorial law. A similar conflict exists with the Yukon Act , however the Yukon government has not joined the Supreme Court case as an intervener.
However, the IRC says the ongoing delays is preventing it from helping children in need and is obstructing the process. Another concern now raised is the process could be delayed further with the upcoming territorial election. Without written authorization from the current territorial government, a newly elected government won’t be able to sign the agreement to begin the funding process until at least December.
Smith called on the GNWT to reverse its position and allow the IRC to protect its most vulnerable.
“The GNWT has turned their backs on our children, but it’s not too late for them to do the right thing,” said Smith.“To help break the cycle of colonialism that has caused generational harm to the Inuvialuit, the GNWT must sign the joint Coordination Agreement as soon as possible, and drop its intervention at the Supreme Court of Canada immediately.”
A website has been launched at https://www.childreninourcare.ca/ to explain the IRC’s point of view.