First Nations’ $2.1B proposed class action accuses governments of ‘devastating mismanagement’ of child welfare
A $2.1-billion proposed class action lawsuit is set to go to court on Monday, where Manitoba’s chief justice will determine if the provincial and federal governments failed First Nations by mismanaging the child welfare system. The lawsuit was launched by the chiefs of three Manitoba First Nations — Black River First Nation, Pimicikamak Cree Nation, and Misipawistik Cree Nation, along with the Assembly of Manitoba Chiefs in October 2022.
The statement of claim seeks $2.1 billion in damages for First Nations affected by the apprehension of children by child and family services agencies from 1992 to the present day. It also aims to put an end to the unnecessary apprehension of First Nations children based on poverty, racial and cultural bias, and systemic racism.
According to the claim filed in the Court of King’s Bench, the governments of Manitoba and Canada have employed discriminatory practices under the guise of providing care, resulting in the destruction of First Nations families and cultures. Chief Justice Glenn Joyal will preside over arguments for the next five days to determine if the suit should be certified as a class action and move to summary judgment.
Misipawistik Cree Nation Chief Heidi Cook is the lead plaintiff in the case, having worked within the CFS system and witnessed firsthand the impact on families in her community. She describes the trauma experienced by children and families when a child is apprehended into the system, highlighting the loss of connection between the nation and its children.
The court documents state that the First Nations have suffered losses in language, culture, identity, and spirituality due to the historical policies of the child welfare system. A report commissioned by the plaintiffs found that Manitoba has the highest rate of children in out-of-home care in Canada, with the number of Indigenous children in care increasing significantly over the years.
Both the provincial and federal governments are opposing the certification motion and summary judgment. The province acknowledges the shortcomings of the CFS system in a motion brief, stating that efforts have been made to address these issues since 1992. The federal government, in a separate brief, acknowledges historical wrongs committed against First Nations and previous settlements for similar harms.
The Public Interest Law Centre, along with the law firm McCarthy Tétrault, is representing the First Nations in the lawsuit. The potential settlement money, if awarded, would be used by the Misipawistik Cree Nation to fund healing programs such as land-based healing, support for families, prevention services, and language revitalization.
This case has the potential to set important legal precedents regarding the government’s obligations to First Nations when administering programs like child and family services. The outcome of the lawsuit could have far-reaching implications for how Indigenous communities are treated within the child welfare system.
