How does the Child, Youth and Family Services Act affect Aboriginal people’s family law cases?

The Child, Youth and Family Services Act considers the unique legal status of Aboriginal people in Canada. In family law issues, parts of the Act take into account the family’s Aboriginal culture and heritage in deciding the “best interests” of a child.

This means that in decisions about Aboriginal children, the courts must consider “the uniqueness of Indian and Native culture, heritage and traditions, of preserving the child’s cultural identity” (s. 37(4), Child, Youth and Family Services Act).