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Articles

Vol. 13 No. 1 (2025):

Reclaiming Indigenous Child Welfare through Indigenous Laws and Legal Orders: A case study for Qwi:qwelstom and the Sto:lo Nation

DOI
https://doi.org/10.48336/IJJUSF9689
Submitted
April 3, 2025
Published
2026-07-15

Abstract

Indigenous ways of being and knowing, including Indigenous laws and legal traditions are inherently holistic. This article will explore the ways in which Indigenous laws can and do contribute to reframing Indigenous child welfare policy and practice by redefining euro-Canadian concepts such as "best interests of the child" through the holistic framework of Indigenous legal orders. While the inherent jurisdiction over Indigenous children and families is now recognized as a constitutionally protected right under section 35 of the Canadian Constitution Act, how this right is asserted will be fraught with many external and internal challenges. This article explores some of these challenges and the ways in which Indigenous laws and legal orders can be used to address them.