On Oct. 6, the family advocacy office of the Assembly of Manitoba Chiefs (AMC) filed a statement of claim against the government of Manitoba and Canada’s Attorney General — an action the AMC says is the “first specific to ‘off-reserve’ children … who were apprehended by Child and Family Services and placed into foster care.”
The lawsuit, launched on behalf of First Nations children, families and communities impacted by the Manitoba Child Welfare System,” would cover apprehensions from 1992 to the present, according to a news release.
AMC and other plaintiffs are seeking $1 billion in compensation; “an immediate stop to the discriminatory practices that result in the apprehension of so many First Nations children”; recognition that the well-being of First Nation children be entrenched in First Nations laws; and “properly funded services” for First Nations children.
“There are approximately 11,000 children in the child welfare system in Manitoba, 80 per cent of whom are First Nations and many of those children are apprehended off-reserve,” states the AMC.
It goes on to allege that the province’s child welfare system has impacted three groups: the children, their families and their First Nations.
“All three groups must be represented in order to advance restorative justice and ensure that the tragic errors of the past are not repeated,” the AMC goes on to state.
“As our class action clearly states: Manitoba and Canada’s disastrous management of child welfare in this province perpetuates a long-standing effort to assimilate First Nations children,” says AMC Deputy Grand Chief Cornell McLean. “In the guise of providing care, Manitoba and Canada have employed discriminatory practices to destroy First Nations families and Nations. This action seeks to end the harm, together with compensation to help us heal as a Nation.”
The AMC alleges First Nations children in Manitoba’s foster care system have been kept from learning “distinct and sacred teachings,” essential spiritual guidance and taking pride in their “true identity and culture.”
“This ongoing practice sets up First Nations children to fail as adults, where they are disproportionately vulnerable to poverty, homelessness, mental health issues, unemployment, illness, poor educational outcomes, human trafficking, gang recruitment, and involvement in the criminal justice system.”
A request to AMC for comment and additional information was not returned by press time.
Manitoba’s government was also asked for comment. However, a provincial spokesperson had little to say on the matter.
“We have been served with the lawsuit and will be reviewing it,” they said in an e-mail to The Lawyer’s Daily. “The province’s response will be made in court in due course.”
The filing of AMC’s statement of claim comes just months after the federal government reached a $20-billion settlement with the Assembly of First Nations and other plaintiffs involving compensation for young people allegedly harmed and discriminated against by the child welfare system.
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