'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
NEW 'She was waiting for you': The story of how a B.C. man found his birth mother in England
After his adopted parents died, Dave Rogers set out to learn more about his birth mother. DNA results and a little help from friendly strangers would put him on a path to a small town in England.
Macklem tries to stay out of the fray as MPs do their best to use him to score points
Bank of Canada governor Tiff Macklem navigates a political minefield every time he testifies before the House of Commons finance committee.
Montreal man on the hook for thousands of dollars after a feature on his Tesla caused an accident
A Montreal man is warning Tesla drivers about using the Smart Summon feature after his vehicle hit another in a parking lot.
Israeli army tells Palestinians to evacuate parts of Gaza's Rafah ahead of an expected assault
The Israeli army on Monday ordered tens of thousands of Palestinians in Gaza's southern city of Rafah to start evacuating from the area, signalling that a long-promised ground invasion there could be imminent.
Actor Bernard Hill, of 'Titanic' and 'Lord of the Rings,' has died at 79
Actor Bernard Hill, who delivered a rousing cry before leading his people into battle in 'The Lord of the Rings: The Return of the King' and went down with the ship as the captain in 'Titanic,' has died.
Dash cam catches moment suspected drunk driver hits parked car, sends it careening into North Shore flower shop
Police say it’s fortunate no one was injured or killed in a collision at North Vancouver’s Park and Tilford shopping centre Saturday evening that sent one vehicle careening into a flower shop and another into a set of concrete barriers outside a Winners store.
A Holocaust survivor will mark that history differently after the horrors of Oct. 7
This year's Holocaust Remembrance Day, which begins on Sunday evening in Israel, carries a heavier weight than usual for many Jews around the world.
India's foreign minister reacts to murder charges, claims Canada welcomes criminals
India's Foreign Affairs Minister accused Canada of welcoming criminals from his country in response to the RCMP's recent arrests in a homicide that has roiled tensions between the two countries.
15-year-old boy stabbed in Ottawa on Thursday dies
A 15-year old boy who was critically injured after a stabbing in Nepean on Thursday has died of his injuries, Ottawa's English public school board said Sunday.