The Claim
Every month, eligible families receive a tax-free payment from the federal government to help with the cost of raising their children (the Canada Child Benefit). For children under the guardianship of child and family service (CFS) agencies, this benefit is called the Children’s Special Allowance (CSA), and the CFS agency receives it on behalf of the child.
Between 2005 and 2019, Manitoba required CFS agencies to remit the CSA to the provincial government’s General Revenue instead of using it for the children in care. This policy applied only to children under provincial funding, while children with federal funding (those whose parents were ordinarily resident on reserve) were unaffected. As a result, provincially funded children received fewer benefits.
In 2022, the Manitoba Court of King’s Bench found the policy discriminatory. After six years of litigation, Cochrane Sinclair, along with its partners, negotiated a $530 million settlement. Compensation will begin to be distributed in early 2025.
The Class
Three class actions have been certified, representing all provincially funded children in care in Manitoba from 2005 to 2019:
- Flette Action: Indigenous children in care, excluding those under the care of Metis Child, Family, and Community Services or Michif CFS.
- Lavallee Action: Non-Indigenous children in care, excluding those under the care of Metis Child, Family, and Community Services or Michif CFS.
- Lafontaine Action: Children in the care of Metis Child, Family, and Community Services or Michif CFS.
