Yes. In a number of clauses, the bill makes statements regarding principles that apply in off-reserve child welfare contexts that would normally have been within the jurisdiction of the provinces, and it's not clear to me that they're within the 91(24) power. Those are clauses 10 through 17.
I didn't talk a lot about the issue with the delegation through indigenous governing authorities. At some level, the federal jurisdiction in 91(24) supports that. There are some complexities there, and I did reference subclause 22(3) as where the federal government is empowering indigenous communities' laws to prevail over provincial law.
The law in general engages in a recognition of section 35 rights in a way that goes beyond what the courts have said. The Supreme Court of Canada has not recognized section 35 to contain self-government rights. The Pamajewon decision in 1996 is the last authority on this and it sometimes gets left aside. The federal government has recognized self-government rights. The courts at the highest levels have not tended to do so, but that position could change.
Certainly there are some section 35 rights in the child welfare context, but the federal government putting that in legislation as a recognition by it of the contents of section 35 probably can't bind the provinces on that. It's something that would have to go to the courts.
It may be delegating powers that indigenous governments already have. To the extent it does that, there's no problem. Where it's going farther, it runs into some difficulties in terms of the relationship between federal and provincial law that would really get complicated yet.