Statement of Claim filed November 24, 2023

Click to read the Statement of Claim.

In Canada, eligible families receive a tax-free, monthly payment from the federal government to help with the cost of raising their child (the Canada Child Benefit). To ensure that children in care are not left out, the federal government established a similar monthly benefit called the Children’s Special Allowance (CSA) which is paid to children and family services agencies for each child in their care.

This claim alleges that, since 1993, Alberta wrongfully retained the CSA payments it received from the federal government and failed to use them for the exclusive benefit of each child in its care. Instead, Alberta used the funds as a source of revenue to offset its general child welfare funding obligations. As a result, provincially funded children in care (i.e., children whose parents were not ordinarily resident on reserve at the time of apprehension) were discriminated against and denied this benefit.

This claim also alleges that the Government of Canada is liable for failing to prevent Alberta from misusing the CSA benefit.

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