Question Period Note: Off-Reserve Indigenous Child Welfare

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• 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.

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• Canada appealed the June 2022 Federal Court decision certifying Stonechild, an action filed 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, as a class action.
• On May 29, 2025, the Federal Court of Appeal released its decision allowing Canada’s appeal. The Court agreed with Canada that the proposed class action is missing the necessary defendants, the provinces, territories, and child welfare authorities who are responsible for the delivery of child services to off-reserve Indigenous children, to fairly adjudicate the central issues of the claim.
• In its decision the Court of Appeal noted that the objective of class proceedings is to improve access to justice in an efficient and fair manner. Certifying Stonechild was neither expedient, nor fair, and what was certified was an overly complex and wholly unmanageable proceeding.
• On March 26, 2025, the Federal Court certified Crate, a national class action filed exclusively Canada, seeking compensation for First Nation communities for the collective harms, loss of language, culture and traditions due to the child welfare system on and off reserve since April 1, 1991.
• 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.
• 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 as these claims move forward.
• 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.