The Claim
Every month, eligible families receive a tax-free, monthly payment from the federal government to help with the cost of raising their child (the Canada Child Benefit). For children under the guardianship of a child and family services (CFS) agency, the benefit is called the Children’s Special Allowance (CSA) and is received by the agency on behalf of the child.
This claim alleges that Alberta discriminated against provincially funded children in its care (those whose parents were not ordinarily resident on reserve at the time of apprehension) by failing to apply the CSA benefit directly for their care starting in 1993. Instead, the province used the CSA to reduce its own child welfare costs, which plaintiffs argue contradicts the purpose of the benefit as outlined in governing legislation.
The claim also alleges that Canada is liable for failing to prevent Alberta from misusing the CSA benefit.
The Class
All current and former children in care in Alberta from January 1, 1993, to the present who fell under Alberta’s funding responsibility.
