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). When children are 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 British Columbia (B.C.) discriminated against provincially funded children in care (those whose parents were not ordinarily resident on reserve at the time of apprehension) by failing to provide the CSA directly for their benefit starting in 1993. Instead, the province allegedly used the CSA to reduce its child welfare costs, contrary to the benefit’s purpose under the legislation.
The claim further alleges that Canada is liable for failing to prevent B.C. from misusing the CSA benefit.
The Class
All current and former children in care in B.C. from January 1, 1993, to the present who fell under the Government of B.C.’s funding responsibility.
