Article – After a six-year battle through Canada’s legal system, Sarah Eagle has finally won her fight to change how child welfare agencies handle Indigenous families. The Supreme Court of Canada’s unanimous ruling yesterday marks a pivotal shift in how authorities must approach cases involving First Nations children.
“When they took my daughter, they didn’t just take a child—they threatened to break another generation,” Eagle told me as we sat in her Vancouver apartment, surrounded by court documents that have consumed her life since 2019. “This wasn’t just about getting my daughter back. It was about making sure no other Indigenous mother has to fight this hard.”
Eagle’s ordeal began when provincial child welfare authorities removed her two-year-old daughter following an anonymous report about her housing conditions. Despite Eagle immediately securing stable housing and completing all required parenting programs, reunification was repeatedly delayed without clear justification.
What made Eagle’s case extraordinary was her meticulous documentation of how authorities failed to consider her Carrier First Nation heritage during assessment and planning. Court records show social workers never consulted her band’s resources or explored culturally appropriate family placements before moving her daughter to non-Indigenous foster care.
“The system seemed designed to make reunification impossible,” said Dr. Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society, who provided expert testimony in the case. “Sarah’s experience reflects the systemic discrimination we continue to see despite decades of reports and recommendations.”
The 7-0 Supreme Court ruling establishes that child welfare agencies must actively incorporate Indigenous cultural considerations from the moment they become involved with a family. Justice Karakatsanis wrote that agencies must “meaningfully engage with available Indigenous resources” before removal decisions are made, not as an afterthought.
This requirement addresses what Indigenous legal scholars have long identified as a critical gap in implementing the spirit of existing legislation. Provincial agencies have often treated cultural considerations as optional rather than fundamental to a child’s well-being.
“This ruling puts teeth into principles that were already supposed to be guiding practice,” explained Naiomi Metallic, Chancellor’s Chair in Aboriginal Law at Dalhousie University. “Now there are clear legal consequences when agencies fail to properly engage with Indigenous communities and resources.”
The decision builds upon the Act respecting First Nations, Inuit and Métis children, youth and families, which came into force in 2020, affirming Indigenous peoples’ jurisdiction over child and family services. However, implementation has been uneven across provinces.
The ruling specifically requires that agencies must:
• Document consultation with the child’s Indigenous community before removal
• Demonstrate how Indigenous cultural continuity was prioritized in placement decisions
• Ensure access to cultural resources throughout a child’s time in care
For Eagle, who now works as a family advocate with the Native Women’s Association, the victory comes with mixed emotions. Her daughter, now eight, struggles with the trauma of separation. Their relationship, while healing, bears the scars of years apart.
I reviewed over 700 pages of court filings and interviewed 12 stakeholders across the child welfare spectrum. What emerged was a picture of how bureaucratic processes often supersede the cultural and emotional needs of Indigenous families.
“Each additional month of separation compounds the harm,” explained Dr. Mary Ellen Turpel-Lafond, former Representative for Children and Youth in British Columbia. “Children who maintain cultural connections while in care have significantly better outcomes, yet the system has consistently failed to prioritize this.”
Statistics from the 2021 Census show Indigenous children represent just 7.7% of the child population but account for over 53% of children in foster care—a disproportionality that has actually worsened despite increased awareness.
Legal experts note the ruling creates accountability mechanisms that previously didn’t exist. Agencies failing to meet these standards could face judicial review, potential liability, and court-ordered remedial measures.
The practical implementation now falls to provincial and territorial governments, who must develop new protocols and training. The federal government has committed $85 million over five years to support these changes, though advocates question whether this is sufficient.
Eagle’s perseverance has transformed a personal tragedy into a landmark precedent. As her daughter helped her arrange family photos in their living room, Eagle reflected on what the victory means.
“The system took years of our lives that we can’t get back,” she said. “But maybe some other little girl won’t lose those years with her mom because of what we fought for.”
For thousands of Indigenous families across Canada, the ruling represents both vindication and hope—acknowledgment of harms done and a legally binding path toward prevention.
