Emily Sortor  |  November 7, 2019

Category: Legal News

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child walking in snow in CanadaA class action lawsuit claiming that Ottawa systematically under-resourced child welfare services on reservations for Canada’s First Nations children is now possibly reaching a settlement. 

According to Indigenous Services Canada, no settlement has been reached, as the parties are just in the very early stages of settling the claims. However, CBC reports that Ottawa will likely try to fight the lawsuit, says one of the plaintiffs’ attorneys. 

Recently, the amount of the proposed First Nations child welfare class action lawsuit was increased from $3 billion to $6 billion.

Lead plaintiff Xavier Moushoom is an Algonquin man from the Lac Simon Anishnabe Nation, Quebec. He says that between the ages of nine and 18, he was moved between 14 different foster homes. According to Moushoom, he still does not know why he was placed in the foster care system.

Allegedly, both of his parents battled alcoholism, and his father was treated for the condition in Montreal. He goes on to explain that he was rarely able to see his other brother or the rest of his family while he was in foster care.

The First Nations child welfare class action lawsuit says that the effects of his placement in child welfare were long-lasting. Allegedly, Moushoom could speak the Algonquin language fluently when he was a child, but after many years in the foster care system, lost his knowledge of the language, along with his connections to his culture and community.

Allegedly, many other First Nations were similarly harmed by Ottowa’s practices. Moushoom seeks to represent himself and all other individuals were were impacted by on-reserve child welfare services at some point between April 1, 1991 and March 1, 2019. 

Later, Jeremy Meawasige from Pictou Landing First Nation in Nova Scotia was added as a plaintiff. 

The Ottawa First Nations child welfare class action lawsuit says that Ottawa is aware of “severe inadequacies” in on-reserve First Nations child welfare services and polices, and have been for years.

Speaking specifically to a practice that is allegedly harmful, the Ottawa class action lawsuit says that there are a high number of First Nations children in foster care. According to the Ottawa First Nations child welfare class action lawsuit, there are more children in on-reserve welfare since the height of residential schools in the 1940s.

Allegedly, this is because the government underfunded prevention services, and instead connected funding to the number of children that are in the foster care system.

The Ottawa welfare class action lawsuit goes on to claim that Ottawa violated Jordan’s Principle, a principle that requires the government to put the health of a First Nations child before legal disagreements over how their care should be funded.

The Ottawa child welfare class action lawsuit says that tens of thousands of First Nations children suffered or died because Ottawa violated Jordan’s Principle, requiring them to wait for “legally required” services from the government.

Have you been affected by child welfare services? Share your story with us.

The Ottawa First Nations Child Welfare Class Action Lawsuit is Xavier Moushoom v. the Attorney General of Canada, Case No. T-492-19, in Montreal, Quebec. 

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2 thoughts onCanada First Nations Child Welfare Class Action In Settlement Talks

  1. Jane Elliott says:

    Cps stole my grandchildren from me based upon their drug test. I took one the next day before court from a certified drug clinic and passed, the Judge never took my test into consideration, my grandchildren have been abused since Cps took custody of them and I have not seen nor heard from them since Thanksgiving. The truma Cps has put my family through is so horrible. I would not ever wish this on my worse enemy. I have evidence of the hell they have done to my family for the almighty dollar.

  2. n says:

    All I read in the article was, “allegedly” .. So I can assume that the writer, “allegedly” doesn’t believe in the actual story.

    Wompwomp.

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