Manitoba and Canada Fight First Nations in Court over the Collective Harms from the Child Welfare System

April 1, 2025

Treaty One Territory, Winnipeg – Led by Chief Heidi Cook of Misipawistik Cree Nation, Chief David Monias of Pimicikamak Cree Nation, Chief Sheldon Kent of Black River First Nation, and the Assembly of Manitoba Chiefs (together, the “Plaintiffs”) are standing before the Manitoba Court of King’s Bench to hold the Governments of Manitoba and Canada accountable for the devastating collective harms inflicted on First Nations through decades of systemic failure in the child welfare system.

Manitoba is at the epicentre of the child welfare tragedy in Canada. For decades, the province has consistently had the highest rates of children in care in the country, the overwhelming majority of whom are First Nations children. The Plaintiffs are taking the lead on what will be the first case to ever consider the communal harm caused to First Nations by Manitoba and Canada’s disastrous mismanagement of the child welfare system both on reserve and off reserve in recent decades.

The Action alleges that Manitoba and Canada have carried out longstanding efforts to assimilate First Nations and destroy their distinct cultures by unnecessarily apprehending children and failing to provide them with culturally and spiritually appropriate services and placements. It further alleges that the governments failed to properly fund maintenance and prevention services for First Nations children and families. As a result, the actions of Manitoba and Canada have severed children’s connection to their First Nations and lands, deprived First Nations of the ability to teach their cultures, languages and traditions, and created intergenerational harms and adverse social and economic impacts to First Nations. The Action seeks financial compensation for First Nations and systemic reforms of the child and family services system in Manitoba.

The Plaintiffs have brought motions to certify the Action as a class proceeding and to obtain judgment in their favour. These motions endeavour to resolve the litigation on an expedited basis, given the longstanding and well-documented breaches of the Defendants’ duties towards First Nations. Unfortunately, Manitoba and Canada are vigorously contesting this case, using technical and procedural arguments to oppose the Plaintiffs’ claims. This marks another attack on reconciliation and a missed opportunity to come to the table as nation-to-nation partners.

The Action was filed in October of 2022. It is the only lawsuit advancing claims for communal harms to First Nations against both Manitoba and Canada.

The hearing is before the Manitoba Court of King’s Bench at 408 York Avenue in Courtroom 128 from March 31st through April 3rd. To begin the hearing a water and pipe ceremony was held in the Courtroom before the start of the hearing. Media are invited to watch the hearing in person. Details will follow on a press conference which is expected to be held on Friday, April 4, 2025.

Quotes

Grand Chief Kyra Wilson, Assembly of Manitoba Chiefs

First Nations have always had their own systems to care for children, rooted in love, kinship, and community. This inherent responsibility and right to care for our children was deliberately undermined and replaced with a colonial system that apprehends our children, erodes our Nations, and breaks the sacred circle between generations. These harms are ongoing. Our children deserve to grow up knowing who they are, speaking the language of their ancestors, and walking proudly in the strength of their Nation. The AMC supports all First Nations who continue to uphold and defend our inherent jurisdiction, protect our children and families, and assert our rights – through advocacy, through our own laws, and, when necessary, through legal action.

Chief David Monias of Pimicikamak Cree Nation

“We stand not just for justice but for the restoration of our inherent rights and dignity. Our children are sacred, and their connection to our culture, language, and community is fundamental to who we are as First Nations people. Canada and Manitoba’s broken child welfare system has stolen too many of our children, creating irreversible losses for our families and our future. We will not stand by while our identities and generations are stripped away. We will fight with courage and determination, for every child represents the spirit of our Nation, and we will secure the future they deserve.”

Chief Heidi Cook of Misipawistik Cree Nation

“The harms of the child and family services system to our communities and First Nations has long been recognized and accepted. It is a tragic but well-known reality. The need for systemic transformation and compensation to First Nations is a given. But yet again, we are forced to fight Canada and Manitoba in court for recognition of our most basic realities instead of devoting our efforts to building our collective future. We will continue to do whatever it takes to nurture our children to grow strong, healthy, and proud of who they are – which is foundational to restoring the strength of our nations.”

Chief Sheldon Kent of Black River First Nation

“First Nations children are sacred. It is difficult to quantify what our First Nations lose when our children are taken away. But the absence of our children is noticed and felt. The separation of our children from our nations strains our families, communities, language, culture, and spirituality. We need to live together to share our distinct ways of living and being. The inherent role of First Nations in caring for our children and families must be recognized and restored to promote healing.”

For more information:

Chief Heidi Cook of Misipawistik Cree Nation, Chief David Monias of Pimicikamak Cree Nation, Chief Sheldon Kent of Black River First Nation and the Assembly of Manitoba Chiefs are represented by the Public Interest Law Centre of Legal Aid Manitoba and McCarthy Tétrault LLP.

The Plaintiffs are available to speak with the media.

For media inquiries, please contact:

Byron Williams
Director, Public Interest Law Centre
bywil@legalaid.mb.ca
PH: 204.688.4921

Michael Rosenberg
Partner, McCarthy Tétrault LLP
mrosenberg@mccarthy.ca
PH: 416.601.7831

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