On behalf of the Manitoba government and the people of Manitoba, Families Minister Nahanni Fontaine made a formal statement of apology today in the Manitoba Legislature to children in care who were denied Children’s Special Allowance (CSA) payments over a period beginning in 2005 and continuing through early 2019.
“Our government wishes to offer an apology, along with our deepest sorrow and regret, to the children who were denied their opportunity to grow to their full potential as a result of not receiving the support of the Children’s Special Allowance,” said Fontaine “These funds should have nourished your dreams and helped you learn, grow and flourish – instead, you were robbed of your chance to explore your full potential. Today, we acknowledge this profound injustice and take responsibility for the Manitoba government interfering with children’s right to benefit from these funds.”
Over the course of 14 years from 2005 to early 2019, the Manitoba government required Child and Family Services (CFS) agencies to remit more than $335 million in federal CSA payments back to Manitoba’s general revenue. Federal legislation outlines that CSA payments are intended to be made to CFS agencies as an equivalent to the Canada Child Benefit received by parents in Manitoba and are to be used exclusively for care, education, training and advancement of children in care. The practice ceased in early 2019, with CFS agencies now able to use the CSA as they deem appropriate for the benefit of children in care.
Three certified class action lawsuits sought damages for Manitoba’s breach of the rights of vulnerable children. The minister noted the previous government attempted to legislate away the right for children in care to pursue compensation for the denial of these funds. A 2022 decision by the Court of King’s Bench found Manitoba’s CSA policy and related legislation exacerbated the already-significant disadvantages experienced by children in care and was a breach of their Charter rights to be free from discrimination. The government has taken a long overdue step in correcting this wrong and has agreed to pay $530 million to compensate the affected children, cover legal fees and administer funds to class members, noted Fontaine.
The Manitoba government’s apology also recognized those who advocated for children in care in response to systemic prejudice.
“I want to honour the determination, resiliency and courage of those who stood up for Manitoba children,” said Fontaine. “Former children and youth in care, their families and communities and advocacy groups demanded fairness for children in care in our province, with access to the same benefits as other children. You have been at the forefront of showing us that every child matters and for that, we are grateful. Miigwech.”
To receive updates about the claims process, contact the claims administrators.
For individuals who received services from First Nation CFS agencies or non-Indigenous CFS agencies (Flette/Lavalee actions), contact the information line at 1-844-947-7101 or email info@csasettlement.com. Information is also available at Home | CSA Settlement
For individuals who received services from Métis CFS agencies (Lafontaine action), contact the information line at 1-877-835-4546 or email info@metiscsaclassaction.ca. Information is also available at Children’s Special Allowance Class Action |Home (metiscsaclassaction.ca)
