Question Period Note: Litigation - Off-Reserve Indigenous Child Welfare

N.A.

• We are aware of several claims against Canada and provinces on behalf of Indigenous children who were apprehended off reserve by provincial child welfare systems. These children were placed in the care of individuals who were not members of the Indigenous community to which they belonged.

N.A.

If pressed on Stonechild National Class Action
• Canada appealed the June 2022 Federal Court decision certifying Stonechild.
• On May 29, 2025, the Federal Court of Appeal allowed Canada’s appeal. The Court agreed that the proposed class action is missing the defendants responsible for the delivery of child services off-reserve which are provinces, territories, and child welfare authorities.
• The Court of Appeal also noted that certifying Stonechild was neither expedient, nor fair, and what was certified was overly complex and wholly unmanageable. If pressed on the Crate National Class Action
• On March 26, 2025, the Federal Court certified Crate, a national class action filed exclusively against 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 on the basis 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.
• My Department remains committed to responding to litigation in a respectful, compassionate and fair manner. If pressed on limitations / Statements of Defense
• Canada’s position clarifies the provincial control over child welfare off-reserve and the time limitations that apply.