Grand Council Treaty#3 Applauds Supreme Court Decision on Bill C-92

Ogichidaa Francis Kavanaugh and the Treaty #3 leadership are pleased with the recent unanimous Supreme Court of Canada decision released on Friday, February 9, 2024, upholding the constitutionality of Canada’s An Act respecting First Nations, Inuit and Metis children, youth, and families (“C-92”). Ogichidaa Francis Kavanaugh and the Treaty #3 leadership sought and secured intervenor status with Ogichidaa Kavanaugh providing an affidavit to the Court. Grand Council Treaty #3 would also like to provide acknowledgement to the legal team at JFK Law LLP who supported the intervention and to the dedication of the Social Chiefs who have carried the advocacy and voice for the Anishinaabe Nation in Treaty #3 on the file.

“I am very pleased to see this outcome which will help harmonize the laws of our Nation with those of Crown governments, to ensure our children and families benefit from our laws and traditions,” said Ogichidaa Francis Kavanaugh. “Although we know that the decision does not in itself speak to our inherent law-making ability as a Nation being recognized under Canada’s Constitution, it is good to see it confirmed that the federal government has the jurisdiction to incorporate our laws into its own. The core of my mandate is to implement a traditional and functional form of governance and that means working towards harmonizing – not integrating or subjugating – our laws with those of Canada without having to worry about jurisdictional battles upsetting our communities’ success and developments.”

In 2005 at the Treaty #3 Fall Assembly, the Anishinaabe Nation passed Abinoojii Inakonigewin, our written child care law, at Big Grassy First Nation.  Since then the leadership and community and organization technicians have participated in Child Care Tables, capacity building processes, and traditional protocols and ceremonies to build a path towards implementation of Abinoojii Inakonigewin.

Wabaseemoong Independent Nations was the first Treaty #3 community to pass its law after assenting to Abinoojii Inakonigewin and there are numerous other communities in Treaty #3 who are well on their way to developing their community laws with access to the supports provided through Bill C-92 implementation.  The Supreme Court’s decision clears the path for more Treaty #3 First Nations to complete their community codes and laws in support of the well-being of our children and families.

Following the decision, Treaty#3 leadership convened a virtual call to discuss the outcome and future planning now that the Supreme Court decision has been determined, with more discussions expected to take place at the next Abinoojii Inakonigewin Session on February 21-22, 2024.


For more information, please contact: Daniel Morriseau, Political Advisor – (807) 464-2647 or by email

PDF – February 16, 2024 – Grand Council Treaty#3 Applauds Supreme Court Decision on Bill C-92