Lawsuit over child welfare system heard in Manitoba court

One group behind a class action lawsuit alleging the mistreatment of First Nations children in care is speaking out as they await a judge’s decision.

Members of several First Nations communities in Manitoba are hoping a judge will certify their class action lawsuit against the provincial and federal governments over alleged mistreatment of children in the child welfare system.

The Assembly of Manitoba Chiefs, along with Misipawistik Cree Nation, Pimicikamak Cree Nation, and Black River First Nation, argued their class action lawsuit against the two governments this week at the Court of King’s Bench, alleging the two governments caused harm and system failure in the child welfare system.

“Child apprehension has become so normalized in Manitoba that it barely raises eyebrows. But in our nations, every child that is taken is a wound,” said Chief Heidi Cook with Misipawistik Cree Nation. “Families are broken. Culture is interrupted. Identity is lost.”

The First Nations and the AMC allege the child welfare system was used to assimilate First Nations children and strip them of their culture by unnecessarily apprehending them and placing them in culturally inappropriate homes.

The class action includes 21 First Nations and is aimed at getting compensation for children who were in the system from 1992 onwards and determining if other First Nations communities can join the class action.

The lawsuit is looking to reform the child welfare system in Manitoba and return care of children to First Nations communities.

“There has been a lost generation of children; the governments need to take responsibility for this and change their actions so that it doesn’t happen again,” Cook said.

The hearing wrapped up Thursday, and Chief Justice Glenn Joyal will review the evidence and make a final decision. Michael Rosenberg, one of the lawyers representing the plaintiffs, said a decision is expected in several months.

A provincial spokesperson declined comment, as the matter is before the courts.