'This is direct discrimination': Lawsuit between Manitoba and Indigenous CFS agencies continues
Lawyers representing more than a dozen CFS agencies are accusing the province of discrimination, saying Indigenous children paid the price when the province clawed back hundreds of millions of dollars meant for children in care.
A four-day civil trial continued in Manitoba's Court of Queen's Bench on Wednesday. Justice James Edmond heard submissions from multiple Indigenous CFS agencies regarding the Children's Special Allowance (CSA)—a monthly federal benefit meant for children in care.
"It was supposed to help lift children in care up," said Byron Williams, the lawyer representing Assembly of Manitoba Chiefs (AMC) in the challenge.
Court heard during a 13-year period between 2006 and 2019, the province took back more than $335 million of the benefits through what lawyers called forced remittance and claw backs.
The court heard not all children in care were impacted.
Shawn Scarcello, a lawyer representing the CFS agencies, said in Manitoba, Indigenous children in care fall under two groups—federally and provincially funded.
He said children with a parent living on reserve at the time of apprehension are federally funded and received the CSA benefit. Children whose parents lived off reserve at the time of apprehension are funded by the province, and from 2006 to 2019, didn't get the benefit.
"This is direct discrimination," Scarcello said. "Obviously, this is absurd and this just goes to show the arbitrariness of Manitoba's CSA policy."
The practice was ended in 2019, but lawyers argued the province then used Section 231 of the Budget Implementation and Tax Statutes Amendment Act (BITSA) to retroactively legalize the claw back, and block any legal challenges.
"What BITSA is achieving is to take away any claims that Indigenous agencies or Indigenous children may make on this CSA benefit and ask for the return of those benefits," Jeremy McKay, a lawyer representing Elsie Flette, a plaintiff in the case.
"This is an attempt to keep money that they were never entitled to in the first place," said William Klym, who is also representing Flette. "The truth is they want to keep the money and they want to prevent the children and the agencies from accessing it."
Byron Williams said Indigenous children—in particular First Nations children—are grossly overrepresented in the child welfare system and are at a higher risk of unemployment, homelessness and incarceration.
He said the claw backs took a vital resource away from them, and called the court to strike down the legislation.
"AMC argues that BITSA at its core is discrimination enshrined in law," he said.
"Manitoba is not above the law and it can and should be held accountable for taking hundreds of millions of CSA dollars from First Nation children in care."
The province is set to make its submissions on Thursday.
CTVNews.ca Top Stories
Annual inflation rate increased to 2.9% in March
The annual inflation rate ticked higher in March compared with February, boosted by higher prices for gasoline, Statistics Canada said Tuesday.
Freeland to present 2024 federal budget, promising billions in new spending
Canadians will learn Tuesday the entirety of the federal Liberal government's new spending plans, and how they intend to pay for them, when Deputy Prime Minister and Finance Minister Chrystia Freeland tables the 2024 federal budget.
Ontario woman charged almost $7,000 for 20-minute taxi ride abroad
An Ontario woman was shocked to find she’d been charged nearly $7,000 after unknowingly using an unauthorized taxi company while on vacation in January.
Tim Hortons launches pizza nationally to 'stretch the brand' to afternoon, night
Tim Hortons is launching flatbread pizzas nationally in a bid to pick up more afternoon and evening customers.
NASA confirms mystery object that crashed through roof of Florida home came from space station
NASA confirmed Monday that a mystery object that crashed through the roof of a Florida home last month was a chunk of space junk from equipment discarded at the International Space Station.
A 9-year-old boy's dream of a pet octopus is a sensation as thousands follow Terrance's story online
The one thing 9-year-old Cal Clifford wanted more than anything since he was a toddler was a pet octopus.
Step inside Emma Roberts' sumptuous L.A. home
While many celebrity homes look less than lived-in, ranging from spotless minimal to ostentatiously palatial, actor Emma Roberts' Hollywood Hills home is made for curling up with a good book -- or several -- with warm tones, comfortable couches, and antique curiosities in each room (also, a lagoon-style pool in the backyard for summer reads).
190 decaying bodies were found at a Colorado funeral home. Owners charged with COVID fraud of US$880K
A couple who owned a Colorado funeral home where authorities last year discovered 190 decaying bodies were indicted on federal charges that they misspent nearly US$900,000 in pandemic relief funds on vacations, cosmetic surgery, jewelry and other personal expenses, according to court documents unsealed Monday.
DEVELOPING Israel must stop settler attacks on Palestinians, UN human rights office says
The UN human rights office called on Israeli security forces to immediately end their active participation in and support for attacks by Jewish settlers on Palestinians in the occupied West Bank.