The Canadian Constitution Foundation (“CCF”) will be appearing at the Supreme Court of Canada on December 7-8 as an intervener in the Reference re An Act respecting First Nations, Inuit and Metis children, youth and families (also known as Attorney General of Quebec v. Attorney General of Canada).

“The problem with the challenged provisions of An Act respecting First Nations, Inuit and Metis children, youth and families is that the federal government appears to be directing the provincial executive and public service,” said CCF Litigation Director, Christine Van Geyn. “There is no dispute from us that the federal government could have enacted this legislation and then created a federal body to implement their own law. There is also no dispute that the federal government could have consulted with the provinces and asked them to consent to implementing federal law. However, the federal government cannot coerce the provinces into operationalizing a federal law.”

In other words, as an intervener the CCF is arguing that, while the national standards in the legislation may fall within federal jurisdiction under s. 91(24) of the Constitution Act 1867, the way the federal government is going about this crosses a well-established constitutional line. (More information available on our position can be found in our full release).

UPDATE: Supreme Court preserves principle that provinces cannot be compelled to administer federal laws

Separation of Powers (Quebec Reference re)

CCF Launch: December 6, 2022
Jurisdiction: Supreme Court of Canada
Status: Closed
Next Key Date: Closed

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