‘I feel believable’: B.C. mother awarded $150,000 in child welfare lawsuit

A BC mother says she feels justified after a landmark human rights ruling.

“I feel heard, heard and believed,” she said.

The BC Human Rights Court has ruled in favor of an Afro-Indigenous mother whose four children were taken from her care by the Vancouver Aboriginal Child and Family Services Society (VACFSS).

A woman named RR to protect her identity has been awarded $150,000 “for the grave and devastating impact that discrimination has had on her,” according to the Community Assistance Legal Society (CALS).

RR is a single mother and cross-generation survivor of a boarding school with a trauma-induced disability. According to CALS, she is also a community leader and an avid advocate for justice.

She said the decision left her with mixed feelings.

RR told Global News: “My children are still going through the trauma of being in foster care.”

In 2016, VACFSS, a mandate agency of the Ministry of Child and Family Development, removed RR’s four children from her care and retained custody of the children for nearly three years, regulating access to RR’s children. said CALS.

She barely saw them for seven months.

RR said it started with a conflict between her and her 13-year-old daughter. She said her daughter would tell her support staff that her mother hit her, which was not true.

RR said he knew he was going through a difficult time as a family but felt discriminated against by VACFSS staff.

“Just the fact that they separate a nursing baby from its mother for no real reason,” RR said. The fact that I don’t even get support or listen to the people I used to work with every day.

“It made me feel helpless. It made me question myself as a mother, it made me question my identity.”

The court found that VACFSS’ decision to retain custody and limit access to RR’s children was based on the stereotype that she was an Indigenous mother with a past mental health problem. discovered.

It was also found that VACFSS had no reasonable grounds for continued custody of the children and could not justify its discriminatory actions as reasonably necessary to protect children with RR. did.

“This case exposes the systemic power of discrimination affecting Indigenous mothers,” RR co-counsel Aleem Bharmal, KC said in a release. “While this decision is a victory for RR as an individual, the precedent it has set will reverberate nationally.

“Although it was an individual complaint by a brave and strong Indigenous mother, it shines a light on the cumulative system of Indigenous families and communities.

“Today’s decision will facilitate changes in child protection laws, services and practices across Canada, ensuring that other Indigenous parents are not forced to endure the stereotypes, prejudices and discrimination experienced by our clients. I hope that.”

West Coast LEAF Litigation Director Kate Feeney said the decision reflects anti-Indigenous racism in B.C.’s family police system, as well as culturally appropriate and preventative child welfare services for Indigenous families and communities. It said it reflected decades of reports of inadequate provision of

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“This is a landmark human rights decision that draws a clear line between RR’s personal experience of discrimination and the systemic reality that has led to the overwhelming representation of Indigenous families in the family policing system. It’s a pull,” she said.

West Coast LEAF intervened in this abuse allegation to help the court understand the historical and current situation of Indigenous families in BC’s family police system.

According to the organization, Indigenous children make up about two-thirds of children in care in BC, even though they make up less than 10% of the state’s child population.

Child welfare attorney Rosin Chambers, who was not involved in the case, said the child welfare system has evolved and is better for Indigenous families than it was five years ago, but there is still a long way to go. Stated.

“Lawyers like myself have fought for this issue for a long time. Indigenous parents are treated differently than non-Indigenous parents,” she said.

“We have fought for a very long time to identify it. The decision really confirms that. I have.”

Chambers said states should consider more cultural sensitivity training to keep social workers from falling prey to prejudices and stereotypes.

And she said the ministry needs to commit resources to ensure that policies and procedures are consistently implemented.

In the case of RR, the policy appears to have been applied subjectively and punitively, preventing her from accessing her children.

“It takes seconds, minutes for the government to take the children away. It can take years to get them back. That should not happen,” she added.

“Governments also need to work with families to reunite them. Reunification should be the most important part of that.”

In October, the British Columbia government said it planned to make historic changes to the state’s child welfare laws by paving the way for Indigenous jurisdictions to be preserved.

The change removes barriers for Indigenous peoples to exercise jurisdiction over child and family services, the state explained.

British Columbia is the first province in Canada to expressly recognize this inherent right in provincial law.

This change will pave the way for Indigenous communities to provide unique child and family services and enable Indigenous children to connect safely with their culture and communities.

The court-ordered compensation is the second-largest ruling in British Columbia history. The court determined that the unprecedented systemic nature of the discrimination justified awarding human rights damages at the maximum amount.

In a statement posted on its website, VACFSS said, “We regret that we were unable to find a solution outside of the court process and that the petitioner (identified as RR in the judgment) experienced I recognize the pain and the challenges her children faced because of the situation.” and history, leading to the involvement of VACFSS.

“As Canada’s first Indigenous-led, fully mandated urban child protection agency, VACFSS has been providing services to children and families consistent with Indigenous values ​​since 1992, fostering relationships, partnerships and partnerships. , prioritizing processes that enable families to find solutions that focus on rebuilding — in the highly complex situation of child safety.”

The statement also said, “While we are considering the court’s decision in detail, we note that the focus of the decision is on the rights of mothers. From the VACFSS perspective, parental rights are important to children and our well-being. There must be a balance: the responsibility to care for and respect each child as a “sacred bundle”.