On August 6, 2025, the Supreme Court of British Columbia certified a proposed class proceeding against Canada and the Province of British Columbia for their alleged systemic misconduct and discrimination against Indigenous children and their families in British Columbia.

This action alleges that the governments have engaged in systemic misconduct and discrimination against Indigenous people in two ways.

First, Canada and the Province have discriminated against Indigenous child welfare survivors – specifically First Nations children (who resided off-reserve) and Métis and Inuit children. The claim alleges that the governments have prioritized funding protection services (i.e., child apprehensions) while underfunding prevention services to help Indigenous families stay together and avoid and/or mitigate apprehensions. This has led to mass removals of Indigenous children from their families and communities and has contributed to the gross overrepresentation of Indigenous children in British Columbia’s child welfare system.

Second, Canada and the Province have discriminated against Indigenous children, subject to certain exclusions, in need of essential services (such as allied health, special education, infrastructure, medical equipment and supplies, medical transport, medications, mental wellness, oral health, respite care, and vision care) by delaying or denying their access to these essential services – even despite Jordan’s Principle.

This claim is also brought on behalf of the caregiving parents and grandparents of these Indigenous children.

This claim seeks to compensate these Indigenous children and families for the losses they have experienced as a result of the Province’s and Canada’s alleged systemic misconduct and discrimination. Such losses may include: loss of cultural identity, Indigenous customs, language, religion, spirituality, traditions, and opportunity to exercise Indigenous rights; isolation and alienation from family and community; loss of self-esteem and self-worth; forced cultural assimilation; physical, emotional, spiritual, and mental suffering; lost opportunity to access essential services in a timely manner; loss of guidance, care and companionship, family bonds, language, culture, and community ties; and loss of ability to pass on culture and identity.

This case is part of a group of parallel actions being brought across Canada by a legal team that includes Murphy Battista’s Angela Bespflug and Janelle O’Connor.

Learn more about the class action here:  Indigenous Child Welfare (BC) Class Action

Media coverage

B.C. judge certifies Indigenous child welfare class action despite Federal Court of Appeal setback