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  • Documents | CSA Settlement

    Documents Key documents for the Children's Special Allowance Actions. Court Settlement Approval Notice of Settlement Approval (October 14, 2024) Order of Settlement Approval (Flette) (September 6, 2024) Order of Settlement Approval (Lavallee) (September 6, 2024) Claims Administration Procedure (September 6, 2024) Notice Approval Notice Approval Order (Flette) (June 20, 2024) Notice Approval Order (Lavallee) (June 20, 2024) Settlement Agreement (June 20, 2024) Short-Form Notice (June 20, 2024) Long-Form Notice (June 20, 2024) ​ Objection Form (June 20, 2024) Opt-Out Form ( June 20, 2024) ​ Case Documents​ Agreement in Principle (March 19, 2024) Non-Indigenous CFS Agencies (Lavallee) (May 30, 2023) Agreed Statement of Facts (September 13, 2021) Indigenous CFS Agencies (Flette) (December 20, 2018) ​ ​ ​ ​ ​

  • Home | CSA Settlement

    If you were a provincially funded child in the care of a Child and Family Services Agency in Manitoba between 2005 and 2019, your legal rights may be affected. ​ ​ ​ The Claim Registration Period will begin on January 6, 2025, and will stay open for two years. ​ Claim Registration Forms and a detailed Instruction Package on how to complete your claim will be available on January 6, 2025, in multiple formats, including online submission, downloading, mailing or pickup for hardcopy completion and submission. ​ ​ Click here sign up to receive updates so we can let you know exactly when the process opens and what you need to do. Exchange Solutions Inc. (EXG) a été engagé à titre d'administrateur des réclamations pour les CFS autochtones et non autochtones. Les CFS métis n'ont pas encore déterminé leur administrateur des réclamations. Une date d'audience sera fixée pour l'approbation de l'entente de règlement, de l'administrateur des réclamations et de la procédure d'administration des réclamations. Une fois que le tribunal aura approuvé l'accord de règlement, il fixera un délai avant que les demandeurs puissent soumettre un formulaire d'enregistrement de réclamation et que les paiements d'indemnisation puissent commencer à être versés. Les demandeurs ne peuvent pas s'inscrire pour bénéficier d'une éventuelle indemnisation dans le cadre du règlement ASE tant que l'approbation du tribunal n'a pas été reçue. EXG is Claims Administrator for Flette and Lavallee Actions Exchange Solutions Inc. (EXG) has been engaged as the Claims Administrator for the Indigenous CFS Agencies (Flette) Action and Non-Indigenous CFS Agencies (Lavallee) Action. ​To receive updates about the Claims Process, please contact the Claims Administrator Information Line at: 1-844-947-7101 or by email at info@csasettlement.com . ​ Click here for a list of CFS Agencies included under the Flette and Lavallee Actions. ​Current and former Children-in-Care claimants of a Métis CFS Agency (Lafontaine Class Action) have a separate Claims Administrator (further information about the Métis CFS Agency’s Claims Administration will the provided once it is available). News & Updates Posted: Oct 17, 2024 You can file a claim starting January 6, 2025 ​The Claim Registration Period will begin on January 6, 2025, and will stay open for two years. Claim Registration Forms and a detailed Instruction Package on how to complete your claim will be available on January 6, 2025, in multiple formats, including online submission, downloading, mailing or pickup for hardcopy completion and submission. Posted: Oct 08, 2024 Manitoba apologizes for clawing back money for kids in care as part of $530M settlement. Families Minister Nahanni Fontaine says the province's practice of keeping the children's special allowance, a federal benefit for kids in the child welfare system, for more than a decade was a 'profound injustice' that left some of the most vulnerable children in the province without the 'supports they needed and rightfully deserved.' read more here Posted: Sept 6, 2024 Manitoba judge approves settlement of over $500M for former kids in care. On September 5, 2024, Justice Huberdeau approved the Settlement Agreement. This agreement has support from the Assembly of Manitoba Chiefs (AMC), Southern Chiefs' Organization, Manitoba Keewatinowi Okimakanak, and several Child and Family Services (CFS) groups. The Settlement Agreement sets deadlines for Manitoba to make payments and includes other important steps to end the lawsuits, like a public apology in the Manitoba Legislature. It also explains how and when Class Members will get their payments from the Settlement Fund. There is a 31-day appeal period after the approval. As there were no appeals, Class Members will be able to submit claims beginning on January 6, 2025 for a two year Claim Registration Period. read more here Posted: Aug 4, 2024 Manitoba won't appeal ruling that government improperly took $334M from children in care. The Manitoba government says it won't appeal a May ruling that found it improperly kept hundreds of millions of dollars in federal benefits meant for children in care. "After many years of struggle, the Manitoba government has finally decided to do the right thing," said Assembly of First Nations Regional Chief Cindy Woodhouse in a government news release Thursday. "I commend the Manitoba government for its decision not to appeal." read more here Posted: June 20, 2024 Notices for Settlement Agreement Approved On June 20, 2024, the Court of King’s Bench of Manitoba has authorized the Representative Plaintiffs to give notice to Class Members that a Settlement has been reached. Short-form and Long-form Notices have been sent according to the Court-Approved Notice Plan and are available to Class Members here. ​On September 5 and 6, 2024, the Court will consider whether the settlement of the Class Actions is fair, reasonable, and in the best interests of the Class Members. All that information and more is contained within the attached Notice. Posted: Mar 25, 2024 Province agrees to $530-M settlement in CFS lawsuits. Manitoba has agreed to a landmark $530-million settlement to repay children in care after 14 years of clawing back federal payments that were supposed to go to them. “It’s a great day,” said Trudy Lavallee, the litigation guardian and plaintiff for non-Indigenous children in care who didn’t get their children’s special allowance funding from 2005 to 2019. “I’m very happy for the kids,” said Lavallee, executive director of Animikii Ozoson Child and Family Services, at a news conference Monday. The amount involves $335 million that was clawed back, plus interest and damages for discrimination. read more here Claims Administration Information Line Now Open​ The Claims Administrator Information Line is now open and provides information about the status of the claims administration process. You can access the toll-free Information Line by calling 1-844-947-7101 . Listen to the Information Line Message 00:00 / 02:32

  • Contact | CSA Settlement

    Contact Class Counsel Cochrane Saxberg LLP is co-counsel for the Lavallee and can be reached at 1-204-594-6688 or csa@cochranesaxberg.com . DD West is counsel for Flette and co-counsel for Lavallee and can be reached at 1-204-421-8655 or csa@ddwest.com . Website: www.cochranesaxberg.com Website: www.ddwestllp.com Claims Administrator The Claims Administrator is Exchange Solutions Inc. (EXG ). If you have questions regarding the Claims Process, please contact the Claims Administrator at no charge by calling 1-844-947-7101 or by email at info@csasettlement.com . Website: www.exg.ca Wellness Klinic Crisis Line 204-786-8686 1-877-435-7170 (toll free) https://klinic.mb.ca/crisis-support/ First Nations & Inuit Hope for Wellness Help Line 1-855-242-3310 (toll free) ​ Kids Help Phone Text “CONNECT” to 686868. Phone 24/7: 1-800-668-6868. The information on this website may be triggering or traumatic for visitors. There are wellness supports available here.

  • Privacy Policy | CSA Settlement

    Revision Date: April 26, 2024 Exchange Solutions Inc. ​ PRIVACY STATEMENT Introduction ​ Exchange Solutions Inc. and its related entities (hereafter the "Claims Administrator", "we", "us", or "our") respect your privacy rights. We are committed to meeting our privacy obligations at law. As a claims administrator, we have established this Privacy Statement to detail our privacy practices including, without limitation, to set out: the types of personal information that we may gather in connection with a claim; the purposes for which we use personal information; how personal information is maintained and safeguarded while under our custody and/or control; the purposes for which personal information may be disclosed to others; and to identify time limitations and destruction practices for personal information. This Privacy Statement sets out your rights in respect of your personal information and provides contact information for the Exchange Solutions Inc. Privacy Officer should you have questions or require further information. ​ 1. Personal information ​ This Privacy Statement applies to "personal information" only, namely information about an identifiable individual. This Privacy Statement does not apply to corporate information, or other information which does not meet the definition of "personal information" under applicable law, including without limitation under the Personal Information Protection and Electronic Documents Act (Canada). Anonymized information which cannot reasonably be connected to an individual, for example, will not be considered to be personal information. ​ 2. Who this privacy statement applies to and what it covers ​ This Privacy Statement will apply to those individuals whose personal information is under our custody or control. ​ Our services through our website are intended for use by Canadian residents only in connection with identified Canadian claims. If you are resident outside of Canada, please contact our Privacy Officer directly prior to submitting personal information to us in order that we may confirm our privacy obligations in advance of any collection or receipt of your personal information and confirm our willingness to accept your personal information. As a claims administrator, we reserve the right to reject the submission of personal information or to delete or destroy personal information that is no longer necessary or should no longer be retained on file by us subject to paragraph 10 (retention and removal) to ensure that we are properly retaining only necessary personal information in accordance with applicable laws. ​ (a) You, Your Personal Information and Consent We collect personal information about you when: (i) you communicate with us or provide your personal information to us (whether through our website, via email, telephone or otherwise), (ii) from a third party where you consent to collection from same or where collection from a third party is permitted by law, and (iii) automatically on a limited basis when you use our website (see paragraph 8 below) through the use of cookies intended to improve your use of our site and to gather analytics information to improve our site and our services. ​ Personal information will only be used for the purpose for which it was collected. Should our usage requirements change and a new purpose arises, we will obtain your consent in advance of using your personal information for the new purpose (unless otherwise permitted or required by law). ​ We do not sell personal information and we do not share personal information with third parties except with your consent, where required or permitted by law, or as set out in this Privacy Statement. ​ (b) Personal Information Collected As Claims Administrator, we limit the collection of personal information to information necessary for the evaluation (due diligence), registration and administration of a claim. We typically require the following personal information: full legal name; current home address; current country of residence; date of birth; current email address; current telephone number; your CFS Agency in care placement history where relevant to your claim, including but not limited to CFS Agency, number months in care for each Class member, age of each Class member at time of each in care placement, and month and year of each month in care; deposit banking information (name, bank, branch address, transit number, account number and otherwise); Other information as requested on the Claim Registration Form. The above information is used for the following purposes in respect of a claim: full legal name, address and contact information are used to identify you, your CFS Agency in care placement history where relevant to your claim, other information as requested on the Claim Registration Form, for due diligence purposes, to register and administer your claim, and to communicate with you generally; date of birth is required to confirm ability to contract and receive any potential compensation; deposit banking information is used in connection with any potential compensation payment provided in connection with your claim; In connection with identified claims/potential claims, you may also choose to provide us with certain personal information in addition to that which is required, which will be administered in the same manner as required personal information under this Privacy Statement. ​ As noted in this Privacy Statement, we may also automatically collect certain personal information about you when using our site as detailed in paragraph 8 below. ​ (c) Purposes We collect and use your personal information for identified purposes only, which can be either express or implied, and which will be provided where reasonably possible at or prior to the time of collection. The purpose for the collection, use or disclosure of your personal information will be expressly stated where they are not obvious to the subject individual. ​ 3. Use of Personal Information ​ (a) Claims and claims administration. As a claims administrator, we will use your personal information to provide you with requested information and/or requested services, including without limitation: (i) to answer your questions/inquiries, (ii) to conduct due diligence in respect of your registration/status as a claimant and in respect of your claim, (iii) to generally administer claims/your claim, (iv) to communicate with you, your authorized representatives, lawyers, or other third parties as reasonably necessary to administer the claim/your claim, and (v) to administer our records and as necessary for our operations and reporting obligations. ​ As a claims administrator, it may also be necessary for us to use your personal information to communicate with competent authorities in respect of the claim(s) or as necessary to comply with legal and/or regulatory requirements under applicable laws. ​ (b) Website. Information that we automatically collect through the use of cookies (see paragraph 8 below) will be used solely to gather analytics, facilitate your use of our site, and to improve our website and its functions. ​ 4. Disclosure of Personal Information ​ Personal information will only be disclosed by or for us for the purpose for which it was originally collected and with your consent, unless otherwise required or permitted by law. Should additional disclosures be required than those originally contemplated at the time of collection, we will contact you to seek your further consent. ​ As part administering a claim, it may be necessary for us to disclose personal information to: (i) other members of Exchange Solutions Inc. to allow appropriate employees and contractors to complete their duties, (ii) to third parties that provide relevant services to us; (iii) to competent authorities (including courts and regulatory authorities as appropriate); (iv) to lawyers and other third parties that reasonably require access to personal data where the subject individual has consented (or where required or permitted by law). ​ Please note that some of recipients of personal information referenced in this Privacy Statement may be based in countries outside of Canada and whose laws may not provide the same level of data protection. Where Claims Administrator determines that such a disclosure is required in connection with the services, we will ensure by legal agreement that there are adequate safeguards in place to help protect your personal information. ​ NOTE: Claims Administrator may use and disclose de-identified and aggregated information, same no longer being considered to be personal information, for data analytics, research, submissions and promotional or other such purposes without consent and such use shall not constitute an unauthorized disclosure under this Privacy Statement. ​ 5. Accuracy ​ We take steps to ensure that personal information continues to be accurate for the purposes for which it was collected. We have established processes to confirm/re-confirm your personal information with you and/or your authorized representatives where reasonably necessary to ensure your personal information remains current in the event that a decision will be made on the basis of same in respect of your claim. ​ You may choose to update your personal information by notifying us in writing of any change to your personal information prior to a decision being reached concerning your claim; any update after a decision has been made will be used to update your contact information only and will not be taken into account in respect of your claim except in the event of a permitted appeal and then only if permitted pursuant to the applicable appeal process. ​ 6. Safeguarding Personal Information ​ Claims Administrator has in place reasonable security safeguards to help protect against unauthorized access, collection, use or disclosure of personal information. Our safeguards include organizational safeguards, physical safeguards and technological safeguards consistent with our privacy obligations and appropriate to the sensitivity of the personal information under our custody and/or control. ​ Our safeguard measures include, but are not limited to: (i) education and training to relevant staff to ensure they are aware of our privacy obligations when processing personal data; (ii) administrative and technical controls to restrict access to personal data on a ‘need to know’ basis; (iii) technological security measures, including firewalls, multi-factor authentication, encryption and anti-virus software; and (iv) physical security measures, such as staff security passes to access our premises. ​ Although we use appropriate security safeguards and measures once we have received your personal data, data transmitted or stored online may be subject to inherent risk. We endeavor to protect personal information stored or transmitted online, but we cannot guarantee the security of personal information stored through online or cloud means or transmitted to us or by us electronically. You assume the risk of electronic storage and transmission of personal information in respect of our services. ​ 7. Openness ​ We will make information available to you about our privacy policies and practices and any changes to same. This Privacy Statement will feature a release date to allow you to identify amended versions. ​ 8. Our Website, Cookies and Links ​ When we refer to “our website” or “this website” or the "site" in this Privacy Statement, we mean the webpages found at the URLs www.CSASettlement.com and www.exg.ca or such other URLs specified by Exchange Solutions Inc. from time to time. ​ Our website automatically collects certain personal information relevant to your use of the site, which is generally classed as: (i) visitorship information, and (ii) usage tracking. ​ (i) Visitorship information We analyze the visitorship information for trends and statistics (e.g. so we know which are the most and least visited pages on the site). This information is used to improve the content and organization of this site based on our analysis of website traffic patterns in terms of visitorship preferences. ​ (ii) Usage Tracking We use cookies and web beacons, small text files that are automatically placed on your computer’s hard drive when you access certain websites. Cookies allow us to store information, such as your internet protocol (IP) address that identifies your computer/location, your internet service provider, your browser, the date and time of access, the pages you visit or the types of searches you perform. We use this information to store your preferences and settings, help improve the content of our website, and to compile aggregated statistics to evaluate visitors’ use of our website or website activity. ​ You may adjust your cookie settings in your browser, however this may impact your use of our site or its features. (iii) Links Our site may contain links to other third-party websites which do not constitute an endorsement by us of the third-party site.We are not responsible for the privacy practices of third parties or the content of such third-party websites, notwithstanding any such links. We strongly encourage you to review the privacy policies of all third-party websites, especially prior to submitting personal information and to exercise reasonable caution in disclosing your personal information. ​​ 9. Not Directed To Children ​ Please note that our site and our services are not designed for or targeted toward children. ​ 10. Retention and Removal ​ We will retain your personal information for the longest of : (i) the period necessary for the relevant purpose (activity or services) to be completed and to give you a reasonable opportunity to review same; (ii) any retention period that is required by the court/law or professional standards; (iii) to allow for limitation periods in respect of the services or (iv) as directed by Exchange Solutions Inc.’s own internal retention policies or practices, the length of which may vary depending on the nature of the information that is held. ​ When personal information is no longer necessary, it will be securely destroyed in a manner that protect the confidentiality of the subject records. Any copies of personal information stored in our electronic backups will be destroyed in accordance with that backup’s ordinary lifecycle. ​ 11. Your rights ​ You have certain rights at law with respect to your personal information, and those listed below are not an exhaustive list of your rights. The rights afforded to you may vary depending on your geographic location and the applicable laws governing your personal information. To the extent prescribed by applicable law, or under the terms of the subject settlement agreement, you have a right to, without limitation: obtain confirmation that we are processing your personal information and request a copy of same; ask that we update the personal information under our custody or control if same is incorrect or incomplete; object to our processing of your personal information. To exercise any of your rights, or if you have any other questions about our use of your personal information, please email privacyofficer@exg.ca or write to us at the address Exchange Solutions Inc., 1 – 554 St. Mary’s Road, Winnipeg, MB R2M 3L5. ​ 12. Complaints or Inquiries ​ You may also contact our Privacy Officer to make a complaint or voice an inquiry in respect of our privacy practices. Please email privacyofficer@exg.ca . ​ 13. Changes to this privacy statement ​ We reserve the right to modify or amend this Privacy Statement from time to time without prior notice. To let you know when we make changes to this Privacy Statement, we will amend the revision date at the top of this page. We encourage you to periodically review this statement to be informed about how we are protecting your information. ​

  • Agences du CFS | CSA Settlement

    CFS Agencies Currently, the Flette and Lavallee Settlement (regarding those in care of a Indigenous or Non-Indigenous CFS Agency) are being managed and Administrated together. The Administration of the Lafontaine (Métis) Settlement is separate. Autorité des services à l'enfance et à la famille des Premières Nations du Nord ​ Awasis Agency of the Northern Manitoba Cree Nation Child and Family Caring Agency Island Lake First Nations Family Services Kinosao Sipi Minisowin Agency Nikan Awasisak Agency Inc. Nischawayasihik Cree Nation Family and Community Wellness Centre Opaskwayak Cree Nation Child and Family Services ​ ​ Agences des autorités du Sud ​ Animikii Ozoson Child and Family Services Inc. Anishinaabe Child and Family Services Child and Family All Nations Coordinated Response Network Dakota Ojibway Child and Family Services Intertribal Child and Family Services Peguis Child and Family Services Sagkeeng Child and Family Services Sandy Bay Child and Family Services Southeast Child and Family Services West Region Child and Family Services ​ ​ Autorité générale des services à l'enfance et à la famille ​ Child and Family Services of Central Manitoba Child and Family Services of Western Manitoba Jewish Child and Family Services Rural and Northern Service Eastman Interlake Parkland Northern Winnipeg Child and Family Services Agences métisses du CFS ​ Metis Child and Family Services Authority Metis Child, Family and Community Services Agency Michif Child and Family Services Agency Southern Authority Agencies ​ Animikii Ozoson Child and Family Services Inc. Anishinaabe Child and Family Services Child and Family All Nations Coordinated Response Network Dakota Ojibway Child and Family Services Intertribal Child and Family Services Peguis Child and Family Services Sagkeeng Child and Family Services Sandy Bay Child and Family Services Southeast Child and Family Services West Region Child and Family Services General Child and Family Services Authority ​ Child and Family Services of Central Manitoba Child and Family Services of Western Manitoba Jewish Child and Family Services Winnipeg Child and Family Services Rural and Northern Service Eastman Interlake Parkland Northern ​

  • News & Updates | CSA Settlement

    News & Updates National news coverage Manitoba agrees in principle to $530M settlement for breach of CFS children’s Charter rights Global News conducts a short video interview with Minister Nahanni Fontaine, including a written story with comments from The Assembly of Manitoba Chiefs and Manitoba Métis Federation. $530M settlement for misappropriation of children’s special allowances in Manitoba APTN News on-air coverage of the settlement with clips of the plaintiff's comments from the press conference. ‘A clear victory for our kids’: Manitoba to settle with children in care This short article by APTN News highlights key points from the press release with a note that more coverage will follow. Manitoba to pay $530-million in settlement over children’s allowance The Globe and Mail provide a short overview of the settlement with quotes from Kris Saxberg, plaintiff Elsie Flette and Minister Nahanni Fontaine. Regional news coverage Manitoba OKs $530M settlement after judge found province improperly kept money from children in care CBC Manitoba gives an overview of the case highlighting quotes from plaintiffs Trudy Lavallee and Elsie Feltte, along with Manitoba Métis Federation President David Chartrand. Minister Nahanni Fontaine also commented omitting the misappropriation of funds was wrong. Manitoba agrees to pay $530M in settlement over children's allowance CTV News Winnipeg conducted on-air reporting accompanied by a written article. Kris Saxberg provided comments on both pieces. Quote: “When a child who's in care of an agency needs some funding to visit family members, to travel to visit and participate in ceremonial activities ... that all could have happened with these (Children's Special Allowance) dollars," lawyer Kris Saxberg said. Province agrees to $530-M settlement in CFS lawsuits Winnipeg Free Press focuses on plaintiffs Trudy Lavallee and Lee Malcolm-Baptiste's reaction to the settlement with quotes from Chris Saxberg. Quote: “The claimants will be awarded based on the principle amount of the benefits they had clawed back between 2005 and 2019, plus interest and 20 per cent awarded for discrimination damages, said lawyer Chris Saxberg at Cochrane Saxberg LLP. $530M settlement, donation sold: Morning Live CTV Morning news did a short segment highlighting the settlement using clips from the press conference.

  • Background | CSA Settlement

    Background 2005-2019 Between January 1, 2005 to March 31, 2019, the Province of Manitoba required CFS Agencies to remit over $335 million of the Federal Children’s Special Allowance (CSA) payments back to Manitoba’s general revenue fund. Where CFS Agencies refused to remit CSA, Manitoba withheld maintenance and operation funding from the CFS Agencies in amount it estimated to be equivalent to CSA the CFS Agency would have received.​ CFS Agencies apply for these funds on behalf of children in their care, consistent with the federal Children’s Special Allowances Act, which states that the funds are to be used exclusively for the care, maintenance, education, training or advancement of the child-in-care. The monthly CSA payments equal the maximum Canada Child Benefit payment plus the Child Disability Benefit. ​In 2018, Class Counsels brought a court Application on behalf of six Indigenous Child and Family Services Agencies, at the same time, a proposed Class Action was filed on behalf of the children. The lawsuits pertained to the Province of Manitoba’s illegal claw back from Indigenous Agencies of CSA monies meant for children-in-care (the “CSA Policy”). ​ ​ 2020 In response to legal challenges, the Manitoba government passed section 231 of the Budget Implementation and Tax Statutes Amendment Act (BITSA) legislation in 2020, exempting the Province from any legal responsibility. ​ Class Counsels subsequently filed a constitutional challenge of that legislation and CSA Policy, alleging that Manitoba’s actions discriminated against the children based on their race and status as a child-in-care, in breach of the children’s Charter rights. ​ ​ ​ 2022 On May 18, 2022, Justice Edmond issued his decision, finding that Manitoba’s actions and section 231 of BITSA were unconstitutional and that they discriminated against foster children in Manitoba, 88% of whom are First Nation and Metis children, all of whom Justice Edmond declared were among the most vulnerable members of our society. Section 231 of BITSA was declared invalid. ​ ​ ​ 2024 March 2024 On March 19, 2024, an Agreement in Principle was reached between the Province of Manitoba and Class Counsels to settle three Children’s Special Allowance (CSA) Class Action Lawsuits which sought compensation for past and current provincially funded children-in-care of Child and Family Services Agencies (CFS Agencies) in Manitoba, whose CSA benefit was clawed back or withheld between January 1, 2005 to March 31, 2019. The Province agreed in principle to pay $530 million (Agreement in Principle). The agreement is subject to court approval. ​ The three Class Action Lawsuits are: Indigenous CFS Agencies (Flette) Non-Indigenous CFS Agencies (Lavallee) Metis CFS Agencies (Lafontaine) ​ The agreed to Settlement amount is allocated to the Flette Action and Lavallee Action for $445,200,000 and to the Lafontaine Action for $84,800,000. Exchange Solutions Inc. (EXG) has been engaged as the Claims Administrator for the Indigenous CFS Agencies (Flette) Action and Non-Indigenous CFS Agencies (Lavallee) Action. June 2024 ​ On June 20, 2024, the Court of King’s Bench of Manitoba has authorized the Representative Plaintiffs to give notice to Class Members that a Settlement has been reached ​ Short-form and Long-form Notices have been sent according to the Court-Approved Notice Plan and are available to Class Members here . ​ September 2024 ​ On September 5, 2024 , Justice Huberdeau approved the Settlement Agreement. This agreement has support from the Assembly of Manitoba Chiefs (AMC), Southern Chiefs' Organization, Manitoba Keewatinowi Okimakanak, and several Child and Family Services (CFS) groups. ​ The Settlement Agreement sets deadlines for Manitoba to make payments and includes other important steps to end the lawsuits, like a public apology in the Manitoba Legislature. It also explains how and when Class Members will get their payments from the Settlement Fund. ​ There is a 31-day appeal period after the approval. ​ If there are no appeals, then Class Members will be able to submit claims beginning on January 6, 2025 for a two year Claim Registration Period. ​ October 2024 ​ As there were no appeals, Class Members will be able to submit claims beginning on January 6, 2025 for a two year Claim Registration Period.

  • FAQs | CSA Settlement

    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 . Click here for FAQs 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. ​ Key Terms

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