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Hearings related to a proposed class-action lawsuit alleging the provincial and federal governments failed First Nations in Manitoba by mismanaging the child-welfare system began in court Monday.
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Hearings related to a proposed class-action lawsuit alleging the provincial and federal governments failed First Nations in Manitoba by mismanaging the child-welfare system began in court Monday.
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Hearings related to a proposed class-action lawsuit alleging the provincial and federal governments failed First Nations in Manitoba by mismanaging the child-welfare system began in court Monday.
The lawsuit, filed on behalf of the chiefs of Black River First Nation, Pimicikamak Cree Nation and Misipawistik Cree Nation and the Assembly of Manitoba Chiefs in 2022, is seeking a total $2.1 billion in damages for First Nations allegedly harmed by the apprehension of kids between 1992 and the present.
The claim is seeking a court order barring what it calls unnecessary apprehensions of First Nations children based on poverty, racial and cultural biases and systemic racism.
The lawsuit accuses the governments of using discriminatory practices to destroy First Nations families and their cultures.
Lawyer Michael Rosenberg, who’s on the plaintiff’s legal team, told Court of King’s Bench Chief Justice Glenn Joyal Monday the effects of the child-welfare system on First Nations are “an ongoing human catastrophe.”
He said the governments have known of the harms suffered by First Nations people as a result of the child-welfare system.
Joyal is slated to hear arguments this week on two motions filed by the plaintiffs — whether the claim should be certified to proceed as a class action and if it should move to summary judgment, allowing Joyal to decide the case without a full trial.
The federal and provincial governments are opposed to the motions.
Canada and Manitoba, in separate court filings, have denied legal responsibility.
The Canadian government has argued liability should fall to the province, while the province asserts child-and-family-services agencies bear responsibility, too.
“Manitoba denies that its management of child welfare within the province has been conducted in a manner to assimilate First Nations children, or that it has employed discriminatory practices to destroy First Nations families, cultures or First Nations as alleged,” reads the province’s statement of defence.
The province’s statement of defence argues most decisions to apprehend First Nations children, since the Child and Family Services Act became law in 1985, have been made by Indigenous-led child-welfare agencies.
Most of the court filings of each government were not readily available Monday.
erik.pindera@freepress.mb.ca
Erik Pindera
Reporter
Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik.
Every piece of reporting Erik produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.
Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber.
Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
Erik Pindera
Reporter
Erik Pindera is a reporter for the Free Press, mostly focusing on crime and justice. The born-and-bred Winnipegger attended Red River College Polytechnic, wrote for the community newspaper in Kenora, Ont. and reported on television and radio in Winnipeg before joining the Free Press in 2020. Read more about Erik.
Every piece of reporting Erik produces is reviewed by an editing team before it is posted online or published in print — part of the Free Press‘s tradition, since 1872, of producing reliable independent journalism. Read more about Free Press’s history and mandate, and learn how our newsroom operates.
Our newsroom depends on a growing audience of readers to power our journalism. If you are not a paid reader, please consider becoming a subscriber.
Our newsroom depends on its audience of readers to power our journalism. Thank you for your support.
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