Federal, Manitoba governments breached First Nations' child welfare rights, judge says in 'historic' decision

In a determination described as " historical," a Manitoba adjudicate has found the governments of Manitoba and Canada breached number one Nations' rights to self-governance around baby welfare.

The chiefs of three Manitoba First Nations — Black River First Nation, Pimicikamak Cree Nation and Misipawistik Cree Nation, along with the Assembly of Manitoba Chiefs — launched the proposed class-action lawsuit in October 2022, seeking $2.1 billion in damages for First Nations harmed by the apprehension of kids by child and family services agencies between 1992 and the present day.

"As a chief and as a mother, this decision is deeply personal to me," Chief Heidi Cook of Misipawistik Cree Nation, one of the lead plantiffs in the suit, said at a Wednesday afternoon news conference, following the release of the decision.

"When our children and our families are broken, our nations are broken," said Cook. "And so I hope that this decision corrects the path for us to rebuild as a strong nation to help our children and our families heal."

Manitoba Court of King’s Bench Chief Justice Glenn Joyal heard arguments last year on whether the suit should be certified as a class action, and whether it should move to summary judgment — meaning he could render a decision on the merits of the case without it going to trial.

In a 385-page decision dated May 11, Joyal acknowledged the rights of First Nation peoples outlined in the Constitution Act to "raise their children in their culture and community, with a connection to their land, and immersed in their languages and spiritual traditions."

The way the federal and provincial governments funded, regulated and administered child welfare and child protection in the province between 1992 to present"unjustifiably infringed this right," Joyal's decision said.

He certified the suit as a class action on the basis of a violation of Section 35 of the Constitution, which recognizes and affirms Aboriginal and treaty rights.

Its certification means that all other First Nations in Manitoba are eligible to join the class action, said Michael Rosenberg, one of the lawyers for the plaintiffs.

Joyal also issued a summary judgment, writing he was satisfied the Aboriginal and treaty rights of the plaintiffs had been breached.

The summary judgment means the case is not expected to go to trial. However, Joyal did not issue a decision on damages.

A report commissioned by the plaintiffs in the proposed class action found that Manitoba has the highest rate of children in out-of-home care in Canada.

Manitoba had 9,172 youth in care across various child welfare agencies in 2024-25, up from 8,919 in 2023-24, according to a 2025 annual Department of Families report. 

In a news release issued Wednesday morning, the Assembly of Manitoba Chiefs said the "historic decision" is "the first of its kind in Canada and an important step along the path toward reconciliation."

"Our children are sacred," Chief David Monias of Pimicikamak Cree Nation said during Wednesday's news conference in Portage la Prairie.

"They're not files, they're not numbers, and they're not statistics — they are the heartbeat of our Nations. They carry our languages, our songs, our ceremonies, and the spirit of our ancestors."

Cook says it is now up to Canadian governments to determine what happens next.

They can either appeal the judgment and continue fighting in court, or they can "sit down at the negotiating table and start working out how the child welfare system is going to change," the Misipawistik chief said.

A good place to start would be focusing on preventing involvement with Child and Family Services, rather than apprehension of kids, she said.

Reporter

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