MEDIA RELEASE

SEPTEMBER 15, 2025

Treaty 1 Territory, Winnipeg, MB – Today, Peguis Child and Family Services (the “Agency”) wishes to announce a significant court victory achieved through settlement with Canada via the Office of the Superintendent of Financial Institutions Canada (“OSFI”).

The Agency had attempted to register its Staff Pension Plan for its employees with OSFI under the authority of the federal Pension Benefits Standards Act, 1985. OSFI, as regulator of federal pension plans refused to register the Plan and recommended registration of the Plan provincially. The Agency, operating under the inherent rights of Peguis First Nation and the Honouring our Children, Families and Nation Act (“HOCFNA”), filed a judicial review application challenging the decision of OSFI not to register the Plan.

There were many factors supporting the challenge initiated by the Agency, including but not limited to the fact that the HOCFNA scope was national, and it carried the weight of federal law; the inherent rights of Peguis First Nation to actionize jurisdiction of child and family services; the Supreme Court of Canada’s ruling (the Quebec Reference 2024 SCC 5) confirming the constitutionality of An act respecting First Nations, Inuit, Metis children, youth and families; and that section 91(24) of the Constitution Act, 1867 and section 35 of the Constitution Act, 1982 were engaged drawing in reconciliatory justice. These factors, among others, were persuasive and compelling but not decided by the Court because the parties reached a settlement.

As a result of settlement, the following will occur:

a)    The Agency discontinues the application against Canada;

b)    Canada registers the pension plan through OSFI;

c)    Canada pays costs in the amount of $10,000 to the Agency; and

d)    There is no confidentiality associated with settlement.

The Agency has established another legal precedent along its journey of transforming Indigenous child welfare for the benefit of First Nations nationally. 

CONTACT

Kirk Mann

Communication Director

Peguis Child and Family Services

(204) 645-2049

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