on Behalf of First Nations
McCarthy Tétrault LLP and Legal Aid Manitoba’s Public Interest Law Centre are acting on behalf of a number of First Nations in Manitoba to address the longstanding harms suffered by First Nations from Canada and Manitoba’s delivery of child and family services.
Chief Heidi Cook on behalf of Misipawistik Cree Nation, Chief Sheldon Kent on behalf of Black River First Nation, Chief David Monias on behalf of Pimicikamak Cree Nation, and the Assembly of Manitoba Chiefs have commenced a proposed class action against the Government of Manitoba and the Attorney General of Canada for their disastrous management of child and family services to First Nations children, both on and off reserve.
Canada and Manitoba’s failures include:
The action seeks both financial compensation and systemic reform. Specifically, the litigation aims to advance the rights and well-being of First Nations by claiming that Manitoba and Canada should be required to:
Misipawistik Cree Nation, Black River First Nation, Pimicikamak Cree Nation, and any other First Nation in Manitoba that elects to join the action within the period identified by the court will be part of the action. Manitoba First Nations must take the step of joining or opting into the action if they want to participate.
Individuals are not part of this action; it is only for collective claims by First Nations. If you are an Indigenous person in Manitoba who was impacted by Manitoba’s off-reserve child and family services system, you may be eligible to join a separate class action.
On May 12, 2026, the Court certified the Class action and found that both levels of government serially breached First Nations’ constitutionally protected right to self-governance in the domain of child welfare. These breaches contributed to the gross overrepresentation of First Nations children in care and needlessly severed First Nations’ ties with another generation of their people. This historic decision is the first of its kind in Canada and an important step along the path toward reconciliation.
The Statement of Claim can be found here.
Manitoba’s Statement of Defence was filed on December 28, 2023 and can be found here.
Canada’s Statement of Defence was filed on December 29, 2023 and can be found here.
The Plaintiffs’ Reply to the Statements of Defence was filed on January 15, 2024 and can be found here.
Certification and Summary Judgment decision can be found here.
Assembly of Manitoba Chiefs Press Release dated May 13, 2026 can be found here.
CityNews: Assembly of Manitoba Chiefs file billion dollar lawsuit
Globe and Mail: Lawsuit seeks Manitoba First Nations child welfare compensation, end to apprehensions
A class action is a lawsuit that allows a large group of people with common issues to come together to advance a claim. By joining together, class actions provide a more efficient way to advance legal claims.
The court must first assess whether the claim should be advanced in the form of a class action. The court will consider whether the claim shows an appropriate cause of action, an identifiable class of persons, and issues that are shared in common. The court will also determine whether a class action is a preferable procedure, and whether there is an appropriate representative plaintiff.
This case has now been certified and the representative plaintiffs now formally advance the case on behalf of all class members.
Any First Nation in Manitoba may elect to join the action. Individuals cannot join this class action, which is limited to the collective claims of First Nations.
Alana Robert
Direct Line: 416-601-8022
Email: alrobert@mccarthy.ca