FOR IMMEDIATE RELEASE 
PEGUIS INDIAN RESERVE 1B - JUNE 26, 2024

RE: CHILDREN IN CARE SPECIAL ALLOWANCE CLAIM SETTLEMENT

Peguis Child and Family Services (the “Agency”) wishes to notify Peguis First Nation members who are or were former children in care (“CIC”) of an important Notice of Class Action Certification and Hearing for Settlement Approval regarding the Children’s Special Allowance Class Action Settlement. 

NOTICE OF CLASS ACTION CERTIFICATION AND HEARING FOR SETTLEMENT APPROVAL
https://www.csasettlement.com/_files/ugd/5e2a57_5d22e0749aaa4559995c0f0b9ff36563.pdf

IMPORTANT DATES:

Settlement Approval Hearing: September 5 & 6, 2024

This is the final step in the legal procedure. The Court of King’s Bench will be requested to approve the Settlement Agreement pursuant to the Class Proceedings Act, CCSM c C130. Once the court approves the settlement, compensation period will begin.

Background

The Province of Manitoba has agreed in principle to pay $530 million to provincially funded current and former CIC of Indigenous and Non-Indigenous Manitoba CFS Agencies between January 1, 2005 to March 31, 2019.

Three certified class actions sought damages for Manitoba’s breach of the Charter rights of vulnerable children. The settlement aims to compensate the affected children, cover legal fees, and administer funds to class members.

This historic settlement is a significant step forward in rectifying the discrimination endured by vulnerable CIC. This settlement will compensate children affected by Manitoba’s discriminatory CSA policy, including reasonable interest.

According to federal legislation, CSA payments are made to CFS Agencies as an equivalent to the Canada Child Benefit received by parents in Manitoba. CSA benefits are to be used exclusively for care, education, training, and advancement of children in care.

Instead, over the course of 14 years Manitoba required CFS agencies to remit over $335 million of the federal CSA payments back to Manitoba’s general revenue fund. In 2018, Peguis CFS was the lead agency to challenge Manitoba’s illegal claw backs of CSA funds. In response to legal challenges, Manitoba passed legislation in 2020, exempting the province from any legal responsibility. This legislation prompted a constitutional legal challenge, leading to a 2022 decision by the Court of King’s Bench, which found that Manitoba’s CSA policy and related legislation exacerbated the already significant disadvantages experienced by CIC, and was a breach of their Charter rights to be free from discrimination.

“Back in 2018 when Peguis CFS, Animikii Ozoson CFS and Sandy Bay CFS initiated the litigation challenging Manitoba’s theft of CSA funding, this settlement was what we dreamed of. Now that the settlement has
been achieved, the care, maintenance, education and advancement of those impacted can hopefully be fully realized,” said Louise McCorrister, Board Chairperson of Peguis Child and Family Services.

All Peguis First Nation CIC members, between January 1, 2005 to March 31, 2019, are in the process of being identified and will be notified by the Agency as this process begins. There are over 700 Peguis children affected by this settlement. This number is fluid, as the Agency receives calls regarding former Peguis CIC who may have been in the care of another agency. If you are a Peguis First Nation band member who was a CIC during this time period, call toll free at 1 (844) 947-7101 or email csainquiries@peguiscfs.org for more information. 

For more information regarding the settlement, please visit the claims administration website for up to date information on the CSA Settlement process at https://www.csasettlement.com.

Media Contact:

Kirk Mann, Communications Director

Peguis Child and Family Services

Kirk.Mann@Peguiscfs.org

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