Question Period Note: Off-Reserve Indigenous Child Welfare

•A number of claims have been filed against Canada and the provinces in both the Federal Court and provincial Superior Courts, on behalf of Indigenous children and youth who were apprehended 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.
•This Government is committed to continuing to make progress resolving Indigenous Childhood Claims Litigation outside of the courts, wherever possible.

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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
• On January 31, 2023, a proposed national class action, Fisher River Cree Nation et al., was filed in the Federal Court by 10 First Nations alleging harms were inflicted on Indigenous communities by the modern First Nations child welfare system, such as loss of language, culture, and tradition.
• On August 1, 2023, a proposed provincial class action in Manitoba, Misipawistik Cree Nation et al., was filed against Canada and the province on behalf of 3 First Nations alleging discriminatory practices were employed to destroy families, cultures, and First Nations communities.