B.C. tribunal's award of $150K to Indigenous mom in discrimination case being challenged by child welfare agency
A Vancouver child welfare agency is appealing a B.C. Human Rights Tribunal ruling that found an Indigenous mom's children were wrongfully taken from her, awarding her $150,000 in damages for discrimination.
The Vancouver Aboriginal Child and Family Services Society has filed a petition in B.C. Supreme Court seeking a judicial review of the November 2022 decision, alleging the tribunal overstepped its authority and ruled on matters outside of its jurisdiction.
"We understand that this step is very difficult, but it is necessary to ensure Indigenous children are protected as intended by the legislation and our decision in no way reflects on the individual who filed the HRT complaint,” said the agency's board chair Linda Stiller in a statement posted online.
“While we recognize the pain the complainant identified during the hearing, our duty is to ensure that children’s rights are also protected.”
VACFSS is one of the agencies in B.C. that is given responsibility for child protection matters in Indigenous communities and has the authority to apply and enforces the Child, Family and Community Services Act. The delegation of this authority to non-governmental organizations is meant to respond to the vast over-representation of Indigenous children and youth who are in government care.
As the tribunal decision noted, 66 per cent of children in care in British Columbia are Indigenous, even though Indigenous children make up only 10 per cent of the province's child population.
"VACFSS regrets having to file a judicial appeal on this case, particularly as an Indigenous-led agency committed to restorative practice," Stiller said in her statement about the appeal.
The petition to the court outlines several ways in which the agency alleges the tribunal overstepped, including that it made determinations on child protection matters, undermined provincial court orders, and denied VACFSS the right to a fair hearing.
The agency will also be challenging the amount of compensation ordered.
"Given the significant legal issues raised by VACFSS in the judicial review, the organization has also asked that the amount of the financial award be reconsidered by the court," the statement continues.
THE TRIBUNAL DECISION
The case was brought by a mother referred to by the initials R.R. whose four children were placed in foster care, where they remained for more than two years.
In R.R.'s case, the tribunal found "VACFSS did not have a reasonable basis to conclude that R.R.’s children were in need of protection."
Tribunal member Devin Cousineau ruled that the apprehension of the woman's children and the subsequent limits on her access to them – which included months-long periods of no contact whatsoever – was discriminatory, rooted in stereotypes about and prejudice against her as an Indigenous mom who had experienced mental health issues.
"This is an unprecedented complaint. It exposes systemic forces of discrimination and their profound impacts on an Indigenous mother," she wrote.
Lawyer Aleem Bharmal with the Community Legal Assistance Society, who served as R.R.'s co-counsel, questions the agency's decision to appeal.
"Our client feels re-traumatized by this decision," he said in an email to CTV News.
"We do not agree that this step is in the best interest of Indigenous children and, rather, that allowing this human rights decision to stand and complying with it would have helped improve the agency’s services, and the child welfare system more generally, to be less biased and more equitable."
He says the organization plans to "vigorously defend" the initial ruling in B.C. Supreme Court.
CTVNews.ca Top Stories
Widow looking for answers after Quebec man dies in Texas Ironman competition
The widow of a Quebec man who died competing in an Ironman competition is looking for answers.
Tom Mulcair: Park littered with trash after 'pilot project' is perfect symbol of Trudeau governance
Former NDP leader Tom Mulcair says that what's happening now in a trash-littered federal park in Quebec is a perfect metaphor for how the Trudeau government runs things.
World seeing near breakdown of international law amid wars in Gaza and Ukraine, Amnesty says
The world is seeing a near breakdown of international law amid flagrant rule-breaking in Gaza and Ukraine, multiplying armed conflicts, the rise of authoritarianism and huge rights violations in Sudan, Ethiopia and Myanmar, Amnesty International warned Wednesday as it published its annual report.
Photographer alleges he was forced to watch Megan Thee Stallion have sex and was unfairly fired
A photographer who worked for Megan Thee Stallion said in a lawsuit filed Tuesday that he was forced to watch her have sex, was unfairly fired soon after and was abused as her employee.
Amid concerns over 'collateral damage' Trudeau, Freeland defend capital gains tax change
Facing pushback from physicians and businesspeople over the coming increase to the capital gains inclusion rate, Prime Minister Justin Trudeau and his deputy Chrystia Freeland are standing by their plan to target Canada's highest earners.
U.S. Senate passes bill forcing TikTok's parent company to sell or face ban, sends to Biden for signature
The Senate passed legislation Tuesday that would force TikTok's China-based parent company to sell the social media platform under the threat of a ban, a contentious move by U.S. lawmakers that's expected to face legal challenges.
Wildfire southwest of Peace River spurs evacuation order
People living near a wildfire burning about 15 kilometres southwest of Peace River are being told to evacuate their homes.
U.S. Senate overwhelmingly passes aid for Ukraine, Israel and Taiwan with big bipartisan vote
The U.S. Senate has passed US$95 billion in war aid to Ukraine, Israel and Taiwan, sending the legislation to President Joe Biden after months of delays and contentious debate over how involved the United States should be in foreign wars.
'My stomach dropped': Winnipeg man speaks out after being criminally harassed following single online date
A Winnipeg man said a single date gone wrong led to years of criminal harassment, false arrests, stress and depression.