As a result of three class-action lawsuits, the Manitoba government has agreed in principle to a $530-million settlement for breaching the Charter rights of vulnerable children in care.
The settlement, which is still subject to court approval, stems from the province’s action in connection with Children’s Special Allowances (CSA) from Child and Family Services (CFS) between 2005 and 2019.
The allowances, which are federally legislated to be used for children’s care and education, were instead paid to the province’s general revenue fund over that 14-year period — to the tune of $335 million.
Manitoba passed legislation in 2020 exempting the province from any legal responsibility, which prompted a legal challenge, and in 2022, the Court of King’s Bench found that Manitoba’s CSA policy exacerbated the already significant disadvantages experienced by children in care and breached their Charter rights.
Families Minister Nahanni Fontaine said the $530-million settlement is an example of the current Manitoba government taking action toward reconciliation.
“Our government believes that every child matters, and this agreement is an important step forward,” Fontaine said in a release Monday.
“This money was supposed to be used for the advancement for some of the most vulnerable children in our society, and it was taken from them.”
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The goal of the settlement is to compensate the affected children, as well as cover legal fees and administer funds to members of the class action.
Manitoba Métis Federation president David Chartrand called the settlement “an historic moment.”
“(This is) a clear victory for our kids,” he said. “Through the settlement of the CSA and other mechanisms like Bill C-92, we can continue expanding our ability to protect our children, giving them every possible chance of success.
“The MMF will do what it takes to ensure that every child who is eligible for this settlement receives every penny they are owed.”
The Assembly of Manitoba Chiefs (AMC) said the settlement was a sign of progress, but that there’s more work to be done in the province.
“This settlement represents a significant victory, unequivocally holding the province accountable for its unjust targeting of vulnerable children,” AMC Grand Chief Cathy Merrick said in a statement. “While progress has been made, AMC’s commitment to the welfare of First Nations children remains steadfast.
“As we support individual compensation for families, we also call on Manitoba to take immediate steps to acknowledge and compensate for the harm suffered by First Nations who lost many children to this discriminatory system.”
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