Question Period Note: Off-Reserve Indigenous Child Welfare

• A number of claims have been filed against Canada and the provinces on behalf of Indigenous children and youth who were apprehended off reserve by provincial child welfare systems and placed in the care of individuals who were not members of the Indigenous group, community, or people, to which they belong.

N/A

If pressed on Stonechild National Class Action
• On June 17, 2022, the Federal Court certified Stonechild, a national class action filed against Canada only, on behalf of Indigenous children and youth who were removed from their homes, off-reserve, and placed in the care of individuals who were not members of the Indigenous community to which they belong.
• Canada is appealing the certification of this action, as the Government’s stated position is that provincial and territorial actors should be held accountable for their share of liability.

If pressed on Provincial Off-Reserve Indigenous Child Welfare Claims
• Counsel for the Stonechild action have also filed similar proposed class actions in provincial courts, naming Canada and the province. Claims have been filed in British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, and Quebec.
• This Government is open to engaging in collaborative discussions with the provinces and territories, class members, and their counsel on options to move these matters forward.

If pressed on First Nations Claims
• Two proposed class actions have been filed on behalf of First Nations alleging discriminatory child welfare practices have destroyed families, cultures, and First Nations communities.
• This Government is open to engaging in collaborative discussions with the provinces and territories, class members, and their counsel on options to move these matters forward.

If pressed on limitations / Statements of Defense
• Consistent with its belief that we all have a role to play in reconciliation, Canada has taken the position that some claims against Canada should be dismissed, given the provincial control over child welfare.
• Mirroring the Provinces, Canada has also taken the position that some claims regarding the child welfare system are out of time. This position will help to ensure that the provincial control over the child welfare system is reflected in the litigation, and is consistent with Canada’s commitments to truth and reconciliation.