LaFontaine et al. v. The Government of Manitoba
Métis Child and Family Services Authority
Family and Community Services Agency Inc.
Michif Child & Family Services Inc.
The Government of Manitoba
Law Firm / Organization
Thompson Dorfman Sweatman LLP
Law Firm / Organization
Department of Justice (Manitoba)
Lawyer(s)

Jim Koch

Background:
This case involved three related class actions challenging Manitoba’s policy from 2005 to 2019 that required Child and Family Services (CFS) agencies to remit federal Children's Special Allowance (CSA) Benefits for children in provincial care. Plaintiffs sought compensation for Indigenous and non-Indigenous children in Métis CFS agencies whose CSA benefits were clawed back by the province. The legal proceedings also addressed constitutional issues.

Legal Issues:
The plaintiffs argued that Manitoba’s policy violated section 15(1) of the Canadian Charter of Rights and Freedoms by discriminating against Indigenous children. In 2022, Justice Edmond declared the policy invalid. The government did not appeal, leading to a settlement process. The case was consolidated with two other class actions.

Settlement and Award:
The settlement totaled $530 million. Of this, $445.2 million was allocated to Indigenous and non-Indigenous children in two other class actions (Flette and Lavallee), and $84.8 million was designated for Métis CFS children (LaFontaine). Individual compensation ranged from $150 to $86,000 for Flette/Lavallee and $200 to $60,000 for LaFontaine.

Resolution:
The court approved the settlement agreements, deeming them fair, reasonable, and in the best interest of the class members. Honorarium payments were awarded to the class representatives, including $50,000 to Elsie Flette and $5,000 each to René LaFontaine and Mary Derendorf?.

Court of King's Bench Manitoba
CI 23-01-41054
Class actions
$ 530,000,000
Plaintiff