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, this benefit is called the Children’s Special Allowance (CSA) and is applied for and received by the agency on the child’s behalf. This claim alleges that Saskatchewan discriminated against provincially funded children in its care (those whose parents were not ordinarily resident on reserve when they were apprehended) by withholding the CSA benefit starting in 1993. Instead of applying the benefit for the child’s care, Saskatchewan allegedly used the CSA to reduce its child welfare obligations, which the plaintiffs argue violated the purpose of the benefit. The claim further alleges that Canada is liable for failing to prevent Saskatchewan from misusing the CSA benefit.
The Class
All current and former children in care in Saskatchewan from January 1, 1993, to the present who were within the funding responsibility of the Government of Saskatchewan.