The Manitoba government has agreed in principle to a $530-million settlement for breaching the Charter rights of vulnerable children in care, as a result of three class-action lawsuits. The settlement, subject to court approval, relates to Children’s Special Allowances (CSA) from Child and Family Services (CFS) between 2005 and 2019. The allowances, federally mandated for children’s care and education, were diverted to the province’s general revenue fund amounting to $335 million over the 14-year period. In 2022, the Court of King’s Bench found that Manitoba’s CSA policy exacerbated the disadvantages experienced by children in care, breaching their Charter rights. Families Minister Nahanni Fontaine sees the settlement as an important step toward reconciliation, emphasizing that the funds were meant for disadvantaged children and were taken from them.
The goal of the settlement is to compensate affected children, cover legal fees, and administer funds to members of the class action. The Manitoba government has agreed in principle to pay $530 million to children in care for its actions and policies regarding the administration of Children’s Special Allowances from CFS agencies between 2005 and 2019. The Manitoba Métis Federation president, David Chartrand, views the settlement as an historic moment and a victory for children. He emphasizes the importance of mechanisms like Bill C-92 in protecting children and ensuring their success. Chartrand reassures that the MMF will ensure all eligible children receive the settlement they are owed.
The Assembly of Manitoba Chiefs (AMC) also acknowledges the settlement as progress, but emphasizes the need for further work in the province. AMC Grand Chief Cathy Merrick sees the settlement as a significant victory, holding the province accountable for targeting vulnerable children. While supporting individual compensation for families, the AMC calls on Manitoba to acknowledge and compensate for the harm suffered by First Nations who lost children to the discriminatory system. The settlement represents a step forward, but there is more to be done to ensure the welfare of all children in Manitoba.
The settlement marks a significant agreement by the Manitoba government to address the violations of Charter rights of vulnerable children in care. The diversion of Children’s Special Allowances to general revenue rather than their intended purpose for children’s care and education exacerbated the disadvantages experienced by children in care. Minister Nahanni Fontaine views the settlement as an important step toward reconciliation and demonstrates the government’s belief that every child matters. The goal of the settlement is to compensate affected children and administer funds to those eligible for the settlement, covering legal fees and ensuring justice for those impacted.
The Manitoba Métis Federation and the Assembly of Manitoba Chiefs both welcome the settlement as progress in holding the province accountable for its unjust policies regarding vulnerable children. The MMF president, David Chartrand, highlights the importance of mechanisms like Bill C-92 in protecting children and ensuring their success. The AMC Grand Chief, Cathy Merrick, emphasizes the need for further steps to acknowledge and compensate for the harm suffered by First Nations children who were affected by the discriminatory system. Despite the progress made through the settlement, there is a continued commitment to ensuring the welfare of all children in Manitoba.
Overall, the $530-million settlement for breaching the Charter rights of vulnerable children in care in Manitoba highlights a step toward reconciliation and accountability by the government. The diversion of Children’s Special Allowances for children’s care and education to general revenue funds was found to be a violation of children’s rights, exacerbating their disadvantages. The settlement aims to compensate affected children, cover legal fees, and administer funds to those eligible for the settlement. The Manitoba Métis Federation and the Assembly of Manitoba Chiefs see the settlement as progress but stress the need for further work to address the harm suffered by vulnerable children in care.
