Federal Government Fights Proposed Child Welfare Class Action

The federal government of Canada will now fight the certification of a proposed child welfare class action lawsuit over claims that programs for First Nation children are purposefully underfunded, according to several recent reports.

CBC News reports that Justice Canada emailed the lawyers representing the plaintiffs in the proposed class action lawsuit on Jan. 23, letting them know that Ottawa will not yet consent to certification of the lawsuit. The move by the federal government to oppose the child welfare class action lawsuit reportedly comes less than two months after pledges to support the class action lawsuit.

“We have been working in concert with counsel for Moushoom to reach mutually agreed upon terms to certify the class action lawsuit. We are asking for additional time to reach these terms, given the significance of this matter,” explained Indigenous Services Canada, which is the lead department on the file. “As we have said, we must get this right. We continue to work with all parties to move this important matter forward.”

The proposed child welfare class action lawsuit was lodged in March of 2019. The plaintiffs are seeking $6 billion on behalf of First Nation children who allegedly suffered because of underfunding of child welfare programs on reserves.

The plaintiffs in the proposed child welfare class action lawsuit say that they suffered because of the lack of resources provided by the federal government to the child welfare and health care systems.

One plaintiff, from Pictou Landing First Nation in Nova Scotia, has cerebral palsy, spinal curvature, and autism. He alleges that he received subpar medical services on the reserve he lived on.

The other plaintiff, from from Lac Simon Anishnabe Nation, Que., alleges that he was shuffled through 14 foster homes from the age of 14 to 18.

Canada’s federal government had reportedly agreed to work with the lawyers representing the plaintiffs in the proposed child welfare class action lawsuit. According to CBC News, on Nov. 25, 2019, Justice Canada announced that it would support settlement talks, including certification of the Class – a move necessary to turn the proposed case into a class action lawsuit.

“The Government of Canada is committed to seeking a comprehensive settlement on compensation that will ensure long-term benefits for individuals and families and enable community healing,” said a representative for Justice Canada in a statement issued in November. “To that end, we will work with plaintiffs’ counsel with the goal of moving forward with certification of the [child welfare class action lawsuit].”

The lawyers for the plaintiffs reportedly expressed dismay at this move by Canada’s federal government.

“We view that as a major setback and it’s a major disappointment,” said one of the lawyers, according to APT News. “They’ve served materials to oppose certification, which is inconsistent with what they said publicly.”

Are you affected by the proposed child welfare class action lawsuit? Tell us what you think in the comments below.

The plaintiffs are represented by David Sterns, Mohsen Seddigh and Jonathan Schachter of Sotos LLP and Robert Kugler, Pierre Boivin and William Colish of Kugler Kandestin LLP.

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