First Nations' $2.1B proposed class action accuses governments of 'devastating mismanagement' of child welfare

A $2.1-billion projected people enactment arrived astatine the Court of King's Bench connected Monday, wherever Manitoba's main justness heard arguments that the provincial and national governments breached their duties to First Nations done what the suit calls "devastating mismanagement of the kid payment system."

The chiefs of 3 Manitoba First Nations — Black River First Nation, Pimicikamak Cree Nation and Misipawistik Cree Nation, on with the Assembly of Manitoba Chiefs — launched the suit successful October 2022.

The connection of assertion says they're seeking $2.1 cardinal successful damages for First Nations harmed by the apprehension of kids by kid and household services (CFS) agencies betwixt 1992 and the contiguous day.

It besides seeks an bid ending the "unnecessary apprehension" of First Nations children connected the ground of "poverty, radical and taste bias, and systemic racism."

"It arises retired of a acceptable of facts that are profoundly troubling," said Michael Rosenberg, the lawyer for the First Nations, in his opening submissions. "This is an ongoing quality catastrophe. It continues to the contiguous time and without this court's enactment the plaintiffs are acrophobic it won't stop." 

• Do you person a communicative astir CFS attraction you privation to share? Send your tips to [email protected] oregon telephone america astatine 204-788-3744.

Chief Justice Glenn Joyal volition perceive arguments implicit the adjacent 5 days connected whether the suit should beryllium certified arsenic a people action, and whether it should determination to summary judgement — meaning helium tin render a determination connected the merits of the lawsuit without it going to trial.

Thousands of pages of documents person been filed by some sides, including reports, affidavits and lawsuit law. 

Misipawistik Cree Nation Chief Heidi Cook is the pb plaintiff successful the case. She worked wrong the CFS strategy for years and saw the interaction it had connected families successful her community, astir 400 kilometres northwest of Winnipeg.

"It is conscionable perfectly heartbreaking," she said.

"When a kid is apprehended into a system, the kid experiences a batch of trauma — the separation from their family, the uncertainty of what's going to happen … The household besides experiences that. The federation loses its transportation to its children."

The First Nations accidental they person collectively mislaid language, culture, individuality and spirituality arsenic a effect of the humanities policies of the kid payment system, according to the tribunal documents.

Rosenberg, from Toronto-based instrumentality steadfast McCarthy Tétrault, told tribunal some the national and provincial governments were repeatedly warned the system was successful crisis. They repeatedly accepted recommendations from reports but did not alteration the system, helium said. He is asking that tribunal finds some governments breached their duties to First Nations. 

A study by probe prof Vandna Sinha and CFS advisor Tara Petti, commissioned by the plaintiffs, found the authorities emphasized backing for protective measures regarding kids successful care, alternatively than preventing their apprehension, according to an affidavit Sinha filed successful 2024.

The study besides recovered that:

• Manitoba has the highest complaint of children successful retired of location attraction successful Canada.
• From 2001 to 2021, the fig of children successful attraction accrued from 5,440 to 9,850. 
• The percent of kids successful attraction who are Indigenous roseate to 91 per cent successful 2021 from 80 per cent successful 2001.

Working to code 'shortcomings': province

Both governments are opposing the certification question and summary judgment. The state is expected to marque its arguments Tuesday, followed by the national authorities connected Wednesday. 

The state declined to remark arsenic the substance is earlier the courts.

The national authorities denied each allegations that it has employed discriminatory practices to destruct First Nations families, cultures, and First Nations done its backing of on-reserve kid payment services, successful a prepared statement.

The connection said it is the provincial authorities that has jurisdiction to the power and acceptable the modular for kid payment services connected and disconnected reserve successful Manitoba. 

In a 111-page question little filed earlier this month, the provincial authorities acknowledges that the CFS strategy has "shortcomings" and said it "continues to marque efforts to code them."

Changes person been made to the kid payment strategy since 1992 successful a "sincere effort to amended outcomes," the authorities stated successful the brief.

The First Nations' arguments bash not relationship for the analyzable past of CFS successful Manitoba, according to the brief.

It notes the national authorities stopped providing backing for off-reserve First Nations radical successful 1992, leaving the state without the backing to code their kid payment needs.

Black River Chief Sheldon Kent, different pb plaintiff, told CBC during the luncheon interruption helium is disappointed the governments are claiming they are not liable for mediocre outcomes for Manitoba children successful care. 

"To perceive them accidental that it's not their responsibility, they're not liable, yet they're the governments that created the agencies and the systems, that's disappointing to hear," Kent said.

The antagonistic outcomes for First Nations children are not solely due to the fact that of the provincial government, the little maintains. It says the CFS agencies, which marque the decisions to apprehend and are separate entities, besides carnivore responsibility.

In a abstracted 220-page brief, Canada's lawyer wide wrote the authorities is "committed to reconciliation" and acknowledged humanities wrongs were committed against First Nations in the administration of the kid payment system.

However, it argues that has already been addressed successful erstwhile settlements.

In 2023, the Federal Court approved a $23-billion colony to compensate an estimated 300,000 First Nations children and their families for Canada's chronic underfunding of on-reserve kid payment services.

The little said Canada settled 2 different people actions with First Nations radical for harms caused by the residential schools strategy and the Sixties Scoop.   

"In summation to galore national Indigenous programs that existed implicit the past fig of decades, Canada has besides provided First Nations with extended backing and programming to beforehand and revitalize Indigenous languages, civilization and traditions," said the question brief.

The national authorities besides argues that Manitoba had jurisdiction and legislative power implicit kid payment services, and in 2003, the province delegated authorization implicit Indigenous aspects of kid payment to 4 CFS authorities done a process known arsenic devolution.

Those authorities and their employees are liable for administering and providing the transportation of care, the little says.

It besides says the national authorities "did not supply nonstop backing for the transportation of off-reserve kid payment services."

The Public Interest Law Centre — an limb of Manitoba Legal Aid that represents groups and individuals connected issues affecting the environment, quality rights, Indigenous people, consumers and low-income persons — is besides representing the First Nations.

"This lawsuit has the imaginable to acceptable important ineligible precedents relating to the work of authorities to First Nations erstwhile administering a vitally important programme specified arsenic kid and household services," said Peter Kingsley, the enforcement manager of Legal Aid Manitoba successful a prepared statement.

Cook said Misipawistik Cree Nation would usage immoderate imaginable colony wealth to money healing programs.

"Land-based healing, enactment for families, prevention services, connection revitalization — those types of things are truly important," and are programs "that code the harms that person been created done this system," she said.