By: Staff Writer - Winnipeg Tribune
Winnipeg, March 25, 2024 - In a landmark decision, the Manitoba government has agreed, in principal, to a $530 million settlement for children in care. The settlement addresses the province's actions and policies regarding the administration of Children's Special Allowances (CSA) from Child and Family Services (CFS) agencies between 2005 and 2019.
The announcement of this substantial settlement comes after three certified class action lawsuits were filed, seeking damages for the breach of the Charter rights of vulnerable children. NDP Families Minister Nahanni Fontaine made it clear that her government is commitment to reconciliation.
CSA payments, mandated by federal legislation, are intended for the care, education, training, and advancement of children in care. However, over 14 years, of the former NDP and PC government's allowed CFS agencies to remit over $335 million of these funds back to the province's general revenue, rather than utilizing them for their intended purpose.
The legal battle culminated in a 2022 ruling by the Court of the King’s Bench, which found Manitoba's CSA policy to exacerbate the disadvantages experienced by children in care, constituting a breach of their Charter rights. This decision highlighted the province's failure to protect and support its most vulnerable citizens.
Subject to court approval, the settlement aims to compensate affected children, cover legal fees, and establish a resolution fund to address additional damages and costs. Fontaine said her government is commitment to ensuring that every child affected by the CSA policy receives appropriate compensation, including interest and supplementary funds.