Class action statement of claim filed against Sask.'s use of federal benefits for Indigenous children in provincial care

Class action lawsuit against province WATCH: A lawsuit is being sought on the children’s special allowance benefit for Indigenous children in care. Brianne Foley reports.

A class action lawsuit is being filed against the Government of Saskatchewan and the Attorney General of Canada.

On June 20, a statement of claim was filed at the Court of King’s Bench in Regina, alleging that the provincial government shows discrimination against Indigenous children in the province’s welfare system.

The claim states that off-reserve Indigenous children in care are not receiving the Children’s Special Allowance Benefit (CSA).

“The child special allowance in our view is supposed to be put in trust for that child,” said Matthew Peigan, Chief of Pasqua First Nation and one of the plaintiffs in the suit.

There are technically three parties in the class action that represent three impacted groups.

The first is Chief Matthew Peigan, who is acting as the litigation guardian to the children currently on provincial welfare.

The second is Jaylene-Rain Ann Agecouty, a former welfare child who represents the children who have gone through the system, but never received the CSA.

The third party is the Touchwood Child and Family Services. The Punnichy, Sask. based organization represents agencies that the lawsuit claims should be allowed to accept the CSA in trust for children in their programs.

The claim states that the provincial policy allows the government to apply for the benefit on behalf of the child, but then use the benefit how they deem fit.

A document submitted to the court references that there were concerns in regards to the CSA Act all the way back in 1973.

The concern at that time was that provincial governments would claim the CSA benefits as revenue to offset funding.

“The province, through their own act, enhances that discrimination by applying for the CSA and keeping it, basically I would call it, into their general revenue fund,” Peigan said.

“What that means is that they pay less, in terms of their funding of child welfare, what it definitely means is that the child for whom that benefit was paid, doesn’t get the money, doesn’t get the benefit,” added Kris Saxberg, one of the lawyers from Cochrane Saxberg LLP representing the plaintiffs.

A similar lawsuit was filed by Cochrane Saxberg LLP in Manitoba in 2018, because the province had a similar policy to Saskatchewan.

In May of 2022, the courts in Manitoba ruled that the provincial government did in fact discriminate against off-reserve Indigenous children in care because of its policy.

The province did not appeal that decision.

“Off-reserve Indigenous children in care who are vastly overrepresented in the child welfare system, were discriminated against by virtue of that Manitoba policy, and Saskatchewan has the same policy,” Saxberg explained.

Because of this, the group is confident in a similar result in Saskatchewan. Looking for both payment and back payment to Indigenous children placed in welfare care off reserve.

“To give that child a start when they turn, when they’re no longer in care, maybe seeking residence, maybe seeking education services, or whatever it is they need, it’s that boost to get them going,” Peigan explained.

CTV News reached out to the Government of Saskatchewan concerning the statement of claim.

"A Statement of Claim has just been served on the Ministry, which we are currently reviewing," the province's response read.

"As this matter is currently before the courts, we are unable to comment further at this time."