First Nations' $2.1B proposed class action accuses governments of 'devastating mismanagement' of child welfare

A $2.1-billion proposed class action heads to court on Monday, where Manitoba's chief justice will decide if the provincial and federal governments failed First Nations through what the suit calls "devastating mismanagement of the child welfare system."

The chiefs of three Manitoba First Nations — Black River First Nation, Pimicikamak Cree Nation and Misipawistik Cree Nation, along with the Assembly of Manitoba Chiefs — launched the lawsuit in October 2022.

The statement of claim says they're seeking $2.1 billion in damages for First Nations harmed by the apprehension of kids by child and family services agencies between 1992 and the present day.

It also seeks an order ending the "unnecessary apprehension" of First Nations children on the basis of "poverty, racial and cultural bias, and systemic racism."

"In the guise of providing care, Manitoba and Canada have employed discriminatory practices to destroy First Nations families [and] cultures," according to the claim filed in the Court of King's Bench. 

Chief Justice Glenn Joyal will hear arguments over the next five days on whether the suit should be certified as a class action, and whether it should move to summary judgment — meaning he can make a decision on the merits of the case without it going to trial.

Thousands of pages of documents have been filed by both sides, including reports, affidavits and case law. 

Misipawistik Cree Nation Chief Heidi Cook is the lead plaintiff in the case. She worked within the CFS system for years and saw the impact it had on families in her community, about 400 kilometres northwest of Winnipeg.

"It is just absolutely heartbreaking," she said.

"When a child is apprehended into a system, the child experiences a lot of trauma, the separation from their family, the uncertainty of what's going to happen.… The family also experiences that. The nation loses its connection to its children."

The First Nations say they have collectively lost language, culture, identity and spirituality as a result of the historical policies of the child welfare system, according to the court documents.

A report by research professor Vandna Sinha and CFS consultant Tara Petti, commissioned by the plaintiffs, found the government emphasized funding for protective measures regarding kids in care, rather than preventing their apprehension, according to an affidavit Sinha filed in 2024.

The report also found that:

Both governments are opposing the certification motion and summary judgment.