Current Problems: Child Welfare (1-5)

Exploring Theme: "Court Cases"

Updates on this page: 28
 

March 28, 2024


Canada, Manitoba point fingers at each other in response to off-reserve child welfare lawsuit

The Canadian flag flies at the Manitoba legislature in WInnipeg. Photo: Jared Delorme/APTN.  APTN News: A class-action lawsuit filed by two First Nations women in Manitoba on behalf of off-reserve survivors of the child welfare system is heading to court with each of the defendants blaming the other. Both Canada and Manitoba are asking for...

March 25, 2024


Manitoba to pay $530-million in settlement over children’s allowance

The Globe and Mail: The Canadian Press – The Manitoba government has agreed to pay $530 million to settle class-action lawsuits over child welfare benefit payments. The proposed settlement, which still requires court approval, follows a 2022 court ruling that found the province was wrong to claw back hundreds of millions of dollars in federal...

January 27, 2024


Judge overturns landmark $150K human rights award for mother who claimed discrimination

Decision says human rights tribunal asked wrong questions and erred in law in landmark decision CBC Indigenous: A B.C. Supreme Court judge has overturned a landmark human rights tribunal decision awarding $150,000 to a mother who claimed she was discriminated against by Canada’s longest-serving Indigenous child-care agency. In the original decision, tribunal member Devyn Cousineau found the Vancouver...

November 20, 2023


BC Granted ‘Limited’ Status in Human Rights Inquiry

The province says it was only alerted by the RCMP to the ongoing hearings in July. The Tyee: B.C.’s attorney general has been denied full party status in an ongoing Canadian Human Rights Tribunal inquiry into the RCMP’s handling of historical abuse allegations at northern B.C. schools. Instead, the tribunal granted the province “limited interested person status,”...

November 16, 2023


Off-reserve Indigenous children say they’ve been ‘forgotten’ by federal government, seek compensation over child-welfare system

The Globe and Mail: Thousands of Indigenous children who live off reserve have been “forgotten” by the federal government when it comes to acknowledging harms caused by the child-welfare system, the lead representative plaintiff of a class-action lawsuit says. Cheyenne Stonechild, a Cree woman who was taken from her mother at the age of eight...

November 10, 2023


Indigenous mom’s discrimination payout hangs in the balance at B.C. Supreme Court

Child welfare agency tells court that tribunal ‘exceeded its jurisdiction’ in landmark ruling, which found VACFSS social workers relied on racist stereotypes Content warning: This story deals with child apprehension and discrimination against an Indigenous mother. Please look after your spirit and read with care. First Peoples Law Report: An Afro-Indigenous mother sat quietly in...

October 26, 2023


Government has to ‘keep focused’ and stop discriminating against First Nations kids says Blackstock

 Also on the show, a discussion about state support in the face of conflict. APTN News: Canada has the answers to stop discriminating against First Nations children as ordered by the Canadian Human Rights Tribunal and now is the time to do it says Cindy Blackstock. “They actually have solutions on the books and they’ve...

October 23, 2023


AFN Presents Final Settlement Agreement for First Nations Children and Families to Federal Court of Canada

NationTalk: (Ottawa, Unceded Algonquin Territory, Ontario) – The Assembly of First Nations’ (AFN) legal counsel, along with representatives for class action parties Moushoom and Trout, will appear before the Federal Court of Canada today to seek the approval of the Final Settlement Agreement (FSA) on compensation. This will be final step to ensure First Nations...

October 20, 2023


‘He ruined so many lives’: Victim speaks out over release of social worker

Robert Riley Saunders was a social worker with the Ministry of Children and Family Development. Facebook.  APTN News: A victim of social worker Robert Riley Saunders is speaking out after the man who was sentenced to prison for stealing money from Indigenous youth was released on parole. “The reality is that he ruined so many...

September 26, 2023


Proposed class-action suit alleges abuse at hands of Quebec youth protection services

Click on thy following link to view the video: Global News: A team of lawyers representing Inuit children and their families in Nunavik and Indigenous children not living on reserves in Quebec are seeking to launch a class-action lawsuit against the provincial and federal governments over discrimination they claim was suffered related to the director...

March 17, 2023


Gitxsan family wins full custody over child in controversial case

Child’s maternal Gitxsan family fought courts for custody, and paternal family over Métis claims There were hugs and cheers in a packed Hazelton courthouse on Thursday as a B.C. judge granted permanent custody to the family of a Gitxsan child whose fate has been up in the air until now. “I was so relieved it’s all...

March 14, 2023


First Nations sue Canada over child-welfare system’s destruction of culture, language

Proposed class action seeks collective compensation for community-level harms CBC News: Ten Prairie-based First Nations are suing the Canadian government over the loss of language, culture and tradition inflicted on communities by the modern First Nations child-welfare system. Chief David Crate of Fisher River Cree Nation north of Winnipeg is the lead plaintiff in the proposed class-action lawsuit filed...

March 13, 2023


Years of abuse in Cambridge Bay group home went ignored, lawsuit alleges

Eight people say they were sexually assaulted and beaten by a couple who ran the home in the ‘70s, ‘80s WARNING: This story discusses the physical and sexual abuse of children. CBC News: On a dusty plot of land in the western Arctic community of Cambridge Bay, Nunavut, sits a slightly out-of-place modern looking building...

March 7, 2023


Métis Nation B.C. in court after feds say it doesn’t qualify as ‘Indigenous governing body’

Canada sparked dispute by rejecting MNBC bid to opt into Indigenous child-welfare law CBC News: The Canadian government is blocking a bid by the Métis Nation British Columbia (MNBC) to opt into federal Indigenous child-welfare law on the grounds MNBC doesn’t qualify as an “Indigenous governing body,” Federal Court files show. The decision sparked an ongoing...

August 5, 2022


AMC Demands Full Restitution of CSA Funds Unlawfully Taken From First Nations Children in Care

NationTalk: Treaty One Territory, Manitoba – Today, the Assembly of Manitoba Chiefs (AMC) calls on Manitoba to make full restitution to First Nations children in care for the Children’s Special Allowances Funds unlawfully and discriminatorily taken from them. The AMC makes this call in response to the Province of Manitoba’s unilateral announcement of its creation...

August 4, 2022


Manitoba decides not to appeal court ruling on child benefit payments

CTV News Winnipeg (Canadian Press): The Manitoba government said Thursday it will not appeal a court ruling that found the province was wrong to claw back hundreds of millions of dollars in federal benefit payments to kids in child welfare. The government also appeared open to calls for it to return the money, which Indigenous...

June 21, 2022


Off-reserve Indigenous children’s class-action approved

Toronto Star: The Federal Court of Canada has certified a class-action lawsuit against the federal government on behalf of off-reserve Indigenous children who were taken from their families and placed in non-Indigenous care. In a decision released online Monday, Federal Court Judge Michael Phelan ruled the class period will cover from Jan. 1, 1992 to...

May 19, 2022


Court rules that Manitoba Government discriminates against First Nations children in the Child Welfare System

NationTalk: The Manitoba Court of Queen’s Bench ruled that the government of the province of Manitoba discriminates against First Nations children in the provincial Child and Family Services (CFS) system, and that its attempt to absolve itself of liability for holding back the federal Children Special Allowance (CSA) of over $334 million from children and...

March 17, 2022


Class Action Lawsuit for government use of Birth Alerts to apprehend Indigenous babies

Assembly of Manitoba Chiefs – Earlier this week, a class-action lawsuit was filed in Winnipeg against the province of Manitoba regarding the controversial and discriminatory practice of Birth Alerts. The basis for the claim is that Birth Alerts are unconstitutional and are a Human Rights violation. “The Assembly of Manitoba Chiefs (AMC) has been a...

September 8, 2021


First Nations Challenge Bill 2

The Assembly of Manitoba Chiefs filed its written submissions in its challenge of the provincial Budget Implementation and Tax Statutes Amendment Act. The submissions of the AMC argue that through the BITSA, Manitoba: infringes the core jurisdiction of the superior courts and breaches section 96 of the Constitution Act, 1867 by having the province of...

December 15, 2020


First Nations challenge “Bill 2”

They filed a constitutional legal challenge against Manitoba’s “Bill 2″. “Bill 2” is Manitoba’s attempt to legalize the theft of CSA money from Indigenous children, the most vulnerable group in Manitoba. It is also Manitoba’s attempt to escape legal accountability for the theft. This is wrong,” said Harold Cochrane, legal counsel, Cochrane Saxberg LLP....

November 9, 2020


First Nations challenge “Bill 2”

The Southern Chiefs Organization and the Manitoba Métis Federation along with a group of 19 Indigenous child and family Agencies and Authorities announced their intent to file a challenge to BIll 2 “the Budget Implementation and Tax Statutes Amendment Act” that was passed on November 6, 2020....

November 6, 2020


First Nations Challenge Bill 2

Bill 2, the “Budget Implementation and Tax Statutes Amendment Act“, is passed....

October 7, 2020


First Nations Challenge Bill 2

Oct. 7, 2020 – The Assembly of Manitoba Chiefs, the Official Opposition Manitoba NDP and the Manitoba Liberal Party, denounce and reject Bill 2 and stand in opposition against the Provincial government’s approach to denying First Nations families and children access to justice. Section 84 of the Budget Implementation and Tax Statutes Amendment Act will retroactively...

April 14, 2020


First Nations challenge “Bill 2”

Assembly of Manitoba Chiefs – are seriously concerned about Manitoba fast tracking Bill 2, The Budget Implementation and Tax Statutes Amendment Act. If passed, the Bill will have serious implications on First Nations children in care. On March 19, 2020 the Manitoba government introduced Bill 2. The Bill is currently seeking to legalize Manitoba’s actions...

October 6, 2019


Federal Government asks for Judicial Review of CHRT decision

The federal government has asked for a judicial review of the Canadian Human Rights Tribunal (CHRT) decision to award $2B in damages to approximately 53,000 Indigenous children and youth wrongly removed or denied essential services. The CHRT panel found that the government racially discriminated against First Nations children in care in a willful and reckless manner. As a result, the CHRT ordered...

September 6, 2019


Federal Government asks for Judicial Review of CHRT decision

Canadian Human Rights Tribunal Citation: 2019 CHRT39, File No.: T1340/7008  We believe that the Creator has entrusted us with the sacred responsibility to raise our families…for we realize healthy families are the foundation of strong and healthy communities. The future of our communities lies with our children, who need to be nurtured within their families...

February 22, 2019


First Meeting with Indigenous Leadership Council in two years

The government of Manitoba met with the Indigenous Leadership Council (Manitoba Metis Federation, Southern Chiefs’ Organization and Manitoba Keewatinowi Okimakanak) for first time in over two years despite a previous commitment to meet every quarter. The heads of the Indigenous Leadership Council met again with Minister of Families Heather Stefanson on Apr. 3, 2019 over...

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