Legislative Reconciliation – Naiomi Metallic on Legislating Indigenous Self-government in Child Welfare

The Every Lawyer

“Legislative Reconciliation is Governments using legislative powers for good and not bad. The Indian Act, you might say, was the government using its powers for bad, for a very long time.” -Prof. Metallic

Professor Naiomi Metallic, divides her time between practice and teaching at Dalhousie University’s Schulich School of Law where she holds the Chancellor’s Chair in Aboriginal Law and Policy. She was part of the legal team that intervened on behalf of the First Nations Child and Family Caring Society led by Cindy Blackstock, a longtime advocate for child welfare and Indigenous children’s rights. The SCC referenced Prof. Metallic’s article, Aboriginal Rights, Legislative Reconciliation and Constitutionalism (dal.ca) , in their Reference re An Act respecting First Nations, Inuit and Métis children, youth and families, and she is this year’s winner of the CBA’s Ramon John Hnatyshyn Award for Law.

Also mentioned in this episode:

Supreme Court of Canada - SCC Case Information - Summary - 40619 (scc-csc.ca)

Judicial Workbook on Bill C-92 — An Act Respecting First Nations, Inuit and Métis Children, Youth and Families (dal.ca)

Supreme Court of Canada - SCC Case Information - Parties - 39856 (scc-csc.ca)

Braiding Legal Orders | McGill-Queen’s University Press (mqup.ca)

We highly recommend The Path:

Canadian Bar Association - Understanding the Truth and Engaging in Reconciliation (cba.org)

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