'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
Winnipeg man admits to killing four women, argues he's not criminally responsible
Defence lawyers of Jeremy Skibicki have admitted in court the accused killed four Indigenous women, but argues he is not criminally responsible for the deaths by way of mental disorder – this latest development has triggered a judge-alone trial rather than a jury trial.
Man banned from owning animals after fatal Calgary dog attack
The owner of three Calgary dogs that got loose and mauled a woman to death in 2022 has been ordered to pay a $15,000 fine within one year and banned from owning any animal for 15 years.
Mediterranean staple may lower your risk of death from dementia, study finds
A daily spoonful of olive oil could lower your risk of dying from dementia, according to a new study by Harvard scientists.
DEVELOPING Hamas accepts Gaza ceasefire proposal from Egypt and Qatar
Hamas said it has accepted a ceasefire deal proposed by Egypt and Qatar, which seeks to halt the seven-month war with Israel in Gaza, prompting Israel to say it would send a delegation to negotiate – though it warned the proposal remained far from the 'necessary requirements.'
An El Nino-less summer is coming. Here's what that could mean for Canada
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
East-end Ottawa family dealing with massive rat infestation
Residents in Ottawa’s Elmridge Gardens complex are dealing with a rat infestation that just won’t go away. Now, after doing everything they can to try to fix the issue, they are pleading with the city to step in and help.
2024 Met Gala: Everything to know about fashion's annual soiree
Fashion's biggest night out — hosted at the Metropolitan Museum of Art in New York each year on the first Monday of May — is both a forever-evolving spectacle and a carefully crafted event.
Teacher charged in historical sexual assault of Calgary teenage girl
Calgary police have charged a teacher with the alleged sexual assault of a teenage girl more than 20 years ago.
Concern over speeding in Fredericton neighbourhood grows after 2 teens, young adult killed in crash
Three people – including two teens – are dead, and two others are injured after a crash that has left a greater Fredericton community shaken.