Plaintiff
Defendant
Other
Background:
This class action involved Trudy Lavallee, acting as litigation guardian for a minor child, and Joshua Camplin, against the Government of Manitoba. The case related to the administration of Children’s Special Allowance Benefits (CSA Benefits) from 2005 to 2019. Manitoba required Child and Family Services (CFS) agencies to remit these federal benefits, intended for children in care, back to the government, which was challenged as unlawful.
Legal Issues:
The key legal arguments centered on whether Manitoba’s policy violated Indigenous children's rights under Section 15(1) of the Canadian Charter of Rights and Freedoms, specifically alleging discrimination based on race and ethnicity. The plaintiffs sought recovery of benefits withheld and argued that the government’s policy disproportionately harmed Indigenous children.
Court Rulings:
In a related case, Flette et al. v. The Government of Manitoba, the court ruled the policy was unconstitutional. Manitoba did not appeal that decision. Following settlement negotiations, the court approved the settlements for all three related class actions.
Settlement and Costs:
The settlement for the Lavallee class, representing non-Indigenous children, included a $445.2 million settlement fund, with 31% allocated to the Lavallee action. Individual compensation ranged from $150 to $86,000, with additional provisions for minor children. The settlement also covered legal fees, administration costs, and included a public apology from Manitoba. There was no reversion of funds, with undistributed funds to be allocated to child welfare services.
Court
Court of King's Bench ManitobaCase Number
CI 23-01-41219Practice Area
Class actionsAmount
$ 445,200,000Winner
PlaintiffTrial Start Date
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