Pro Bono Services
Métis Interveners in Appeal on Indigenous Child WelfarE Law
Cassels acted on a pro bono basis as co-counsel for Métis National Council, the Métis Nation British Columbia, the Métis Nation – Saskatchewan, the Métis Nation of Alberta, the Métis Nation of Ontario, and Les Femmes Michif Otipemisiwak in a Supreme Court of Canada (SCC) appeal concerning the constitutionality of An Act respecting First Nations, Inuit and Métis children, youth and families (the Act). The SCC unanimously upheld the Act as constitutionally valid in its entirety. Within its decision, the SCC affirmed and, in part, adopted these Métis Interveners’ submissions.
The Act responds to a critical issue that lies at the heart of the reconciliation process: the well-being of Indigenous children, youth, and families. In 2019, Parliament enacted the Act to address the need for comprehensive reform of child and family services, recognizing the legacy of residential schools and the over-representation of Indigenous children in child and family services systems, and to advance the federal government’s commitment to implement the UN Declaration on the Rights of Indigenous Peoples (UNDRIP). The Act affirms Indigenous peoples’ inherent right of self-government, including jurisdiction over child and family services, establishes national standards for child and family services affecting Indigenous children, and implements aspects of UNDRIP in Canadian law. Since the Act came into force, Indigenous communities have worked their own child welfare laws, and several Indigenous governing bodies have entered into coordination agreements with the federal and provincial governments.
Shortly after the Act was passed, Quebec’s Attorney General requested a reference opinion from the Quebec Court of Appeal (QCCA) on the Act’s constitutionality: namely, whether Parliament exceeded its constitutional jurisdiction in enacting the Act. The Attorneys General of Quebec and Canada appealed the QCCA’s decision to the SCC. The SCC agreed that the Act’s pith and substance is to protect the well-being of Indigenous children, youth, and families by promoting the delivery of culturally appropriate child and family services and, in doing so, to advance the process of reconciliation with Indigenous peoples. As such, the Act falls within Parliament’s jurisdiction over “Indians, and Lands reserved for the Indians” under section 91(24) of the Constitution Act, 1867. The SCC also confirmed that neither section 21 nor section 22(3) of the Act alters the Constitution’s architecture, but rather incorporates Indigenous laws by reference and restates the doctrine of paramountcy, which allows valid federal law prevail in a conflict with provincial law provisions.
This decision represents a positive step in the reconciliation process and endorsement of “legislative reconciliation” that respects, promotes, protects, and accommodates Indigenous peoples’ inherent rights—in this case, the right of self-government in relation to child and family services. The Act proceeds on the premise that these inherent rights exist and, given its provisions, Parliament can no longer assert that there is no Aboriginal right of self-government in relation to child and family services, and Canada must act as though these matters engage the honour of the Crown. The SCC also recognized that the Act forms part of Parliament’s broader legislative aims to pursue reconciliation premised on UNDRIP and the federal government’s commitment to implement UNDRIP: an international document intended to reflect “the minimum standards” of Indigenous rights around the world.
Afghanistan Crisis
Cassels is providing pro bono legal services to help our colleagues in Afghanistan, and other vulnerable Afghans, resettle in Canada. Lawyers, judges, and other individuals who provided vital support to Canada and its allies for years in Afghanistan continue to face the very real threat of retaliation by the Taliban. Many remain in hiding while others languish in precarious and untenable circumstances abroad with no clear pathway to secure resettlement.
Cassels and other members of the legal community have joined community and professional organizations in advocating for those vulnerable Afghans. Meetings were held with various government officials and public interest groups. An intense letter writing and phone call campaign to Members of Parliament urged Government officials to honour Canada’s public pledge to accept vulnerable Afghans into Canada under the Special Immigration Measures (SIM) Program. The campaign also urged the Canadian government to ensure that the individuals who had provided direct assistance to the Canadian government and who had met the admission criteria of the SIM Program would have their applications processed.
Realizing that, collectively, the legal community in Canada could do more together than one firm could accomplish on its own, 21 Canadian law firms were signatories to an Open Letter to the Government of Canada in February 2022. That letter called on the Government to effectively, efficiently, and promptly fulfill its promise to admit 40,000 Afghan nationals under the SIM Program so that Afghans who had been threatened could re-start their lives in peace and security.
While significant progress on the resettlement effort has not yet been made, we are buoyed by the way the legal community has rallied together to assist these vulnerable Afghans and remain hopeful that our combined advocacy will play a critical role in helping them escape the life-threatening situation in Afghanistan.
The Beltline Neighbourhoods Association (BNA) is a vibrant, grassroots community organization dedicated to the enhancement of the Beltline district in urban Calgary.
BNA’s flagship summer mural festival, The Beltline Urban Murals Project (BUMP), is an annual, community-driven initiative that has been transforming the centre of Calgary into an expansive, open-air urban art gallery featuring artists, murals, music, and cinema. BUMP features local, national and international artists, including many racialized and Indigenous artists.
Cassels lawyers Jeremy Barretto and Marco Ciarlariello have been providing pro bono legal services to BNA for BUMP since 2019. That support includes the contractual review of agreements with the building owners who host the murals and with the participating artists. Marco also provides an intellectual property workshop for participating artists.
Cassels lawyers provide pro bono legal services to many other organizations and events in our communities.
