FAQs
About the Children's Special Allowance Actions
Take your time reviewing the FAQs. If you do not find the answer to your question in the FAQs or the Documents, please contact the Claims Administrator.
What is this lawsuit about?
From January 1, 2005 to March 31, 2019, Manitoba forcibly took Children’s Special Allowances (CSA) Benefits from Child and Family Service Agencies in Manitoba, the legal guardians of children in care (the “CSA Policy”).
This benefit is the equivalent to the Canda Child Benefit received by parents of children who are not in care, and should have been used exclusively for the benefit of the child for whom it was owed to under the Federal Children’s Special Allowances Act. In total, Manitoba wrongfully took more than $335 million from the Classes during this time, including approximately $298 million from the Flette/ Lavallee classes.
In 2020, Manitoba passed legislation which deemed lawsuits regarding its CSA Policy to be dismissed, and retroactively legitimatized their wrongful CSA Policy during the claim period.
In 2022, the Court found Manitoba’s actions to be unconstitutional and discriminatory. Afterwards, three class actions were certified to pursue recovery of the money taken by Manitoba, including the Flette/Lavallee class actions.
Who is the Class?
All provincially funded children in the care of a CFS Agency in Manitoba, except the Métis Agencies, at any time between January 1, 2005, and March 31, 2019, will be members of the Flette or Lavallee Class and entitled to compensation.
The Flette/ Lavallee matters are being managed together; however, there is a third action, the Lafontaine Action that also reached an agreement in principle with Manitoba on March 19, 2024 and pertains to children in care the Metis Agencies between 2005 to 2019.
It is possible a person may be a member of more than one class and entitled to compensation from more than one class action.
For example, if a person was in the care of one of the Métis Agencies for a certain period of time, and in the care of a different child and family service agency for another period of time, and both periods of time were between 2005 and 2019, that person is likely a member of more than one class and is likely entitled to compensation from more than one class action.
What is the Agreement in Principle?
On March 19, 2024, the Plaintiffs reached an agreement in principle with the Government of Manitoba to settle the Flette/Lavallee Class Actions for a payment of $445,200,000 (the “Agreement in Principle” or “AIP”).
Each Class member will receive a payment in proportion to the amount of time spent in care between January 1, 2005 and March 31, 2019 and the amount of CSA Benefits that were applied for, received and remitted to Manitoba and/or clawed back.
A portion of the Settlement funds will pay for legal and other fees, including settlement administration.
What are the next steps?
This AIP was subject to Court approval; however, given that this is a “100% plus plus” award (i.e., every dollar plus interest is going back to the children), it would be virtually impossible for us to achieve a better result if this were to proceed to litigate damages.
The Court approved the Settlement on September 5, 2024.
Claims may start to be submitted on January 6, 2025 with the Claim Registration Period ending on January 5, 2027.
The Claim Registration Forms will be available on January 6, 2025 in a multitude of formats including online submission, downloading, mailing or pickup for hardcopy completion and submission.
Notices about the Settlement Approval are being drafted.
The Notice will contain information and instructions for the class when and how a class member can submit a claim. We will distribute these notices widely through newspapers, social media, and among First Nations band offices and community organizations, among other methods to ensure we reach as many potential class members as possible.
While the Settlement Agreement will require finalization and Court-approval which may change the following definitions, the following are current definitions of key terms:
Provincial Child or Provincial Children means a child, except a Federal Child, in care. This CSA Settlement applies to Provincial Child or Provincial Children only.
Federal Child or Federal Children means a child who:
a. has, or is eligible for Indian status pursuant to the Indian Act; and
b. at least one of whose parents or guardians are normally resident on reserve at the time the child enters care.
Wards (also referred to as Children-in-Care) mean children who are or were the subject of a temporary or permanent order of guardianship, or a voluntary surrender of guardianship, in favour of a Manitoba Child and Family Services Agency(s) (CFS Agency) or the Director of Child and Family Services.
Canada Child Benefit means the tax-free monthly payment made to eligible families pursuant to s. 122.6 to 122.63 of the Income Tax Act. The Canada Child Benefit was at times provided under its predecessor names and statutory authorities, those being the Canada Child Tax Benefit, the National Child Benefit, the Universal Child Care Benefit, and the family allowance pursuant to Family Allowances Act, 1973, SC 1973, c 44, s 1.
CSA Benefit means the Children's Special Allowance (CSA Benefit) paid pursuant to the CSA Act (The Child and Family Services Act, CCSM c C80) with monthly amounts consistent with the Canada Child Benefit.
Children-in-Care means a child who is or was in the care of an Applicable CFS Agency during the Class Period.