Class action on birth alerts gets green light against Ontario, but faces hurdles

A class-action lawsuit has been certified to proceed against the Ontario government, aiming to help pregnant mothers who were red-flagged and had their newborns taken away by child welfare agencies. However, it’s only a partial win for the plaintiffs as part of the lawsuit failed to hold 49 children’s aid societies (CAS) across the province accountable for the “birth alerts.”

It’s been a three-year journey for the proposed class action to reach this certification ruling, a necessary step before a group lawsuit can proceed to trial. The birth alerts were notifications issued by child welfare agencies to hospitals about pregnant individuals they deemed “high-risk.” This led to newborns being taken from their parents for varying lengths of time, sparking criticism for being unconstitutional and illegal.

In 2020, the Ontario government issued a directive to end the practice of birth alerts, acknowledging that they disproportionately affected Indigenous and racialized mothers. The plaintiffs in the class-action lawsuit hope to seek justice for those who have been traumatized by these alerts, particularly Indigenous women like co-plaintiff G.G. who felt pressured to undergo invasive testing and mental health assessments.

Neecha Dupuis, another plaintiff who was subject to a birth alert at an Ottawa hospital, expressed her emotional journey during the certification hearing. She emphasized the importance of holding the children’s aid societies accountable for the harm caused to families through birth alerts. Despite the partial win in the certification ruling, Dupuis and the legal team are planning to appeal the decision against the children’s aid societies.

The denial of certification against the 49 CAS defendants was based on technical class-action rules, as the judge found them to be independent entities without a hierarchical relationship. However, the legal team remains committed to pursuing justice and exploring other options suggested by the judge, such as bringing individual class actions against the children’s aid societies.

G.G. praised the legal team for pursuing the appeal, stating that the class-action lawsuit holds responsibility on each children’s aid society for their unconstitutional and racist behavior towards Indigenous pregnant individuals. Dupuis, who obtained hospital records confirming the birth alerts issued for her, echoed the sentiment of accountability and the importance of seeking justice for families affected by these alerts.

In conclusion, the fight for justice continues for the pregnant mothers who were impacted by birth alerts in Ontario. The appeal process may prolong the journey, but the plaintiffs remain hopeful that holding the children’s aid societies accountable will bring about recognition, vindication, and a commitment to preventing similar injustices in the future.