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Manitoba

Assembly of Manitoba Chiefs decries legislation exempting province from lawsuit over funding for kids in care

The Assembly of Manitoba Chiefs slammed the government for a clause in a recent piece of legislation that would makeManitoba immune toa $338 million dollar lawsuit it is facing.

'Our children have suffered enough,' AMC Grand Chief Arlen Dumas says in denouncing recent bill

A child in a long grey sweater stands amid a number of signs laid out on the grass.
A child at the Manitoba Legislature grounds walks among signs condemning the government for holding onto millions of dollars in funding for kids in care. (Trevor Brine/CBC)

The front lawn of the Manitoba Legislature was covered withsigns Wednesday, accusingthe provincial government offailing First Nation children.

The Assembly of Manitoba Chiefs put up the display to denounce the long-standing practiceof forcingChild and Family Services agencies in Manitoba to remit federal fundingthe Children'sSpecial Allowance set aside for children in care.

They also slammed the government for a clause in a recent piece of legislation that would makeManitoba immune toa $338-millionlawsuit it faces related to that practice.

"Hidden in an omnibus bill, the Manitoba government is seeking to bypass the courts and justify the theft of [the Children'sSpecial Allowance] from First Nations children," saidassembly Grand Chief Arlen Dumas. He's leadinga relay fast, where a number of people will go without food in turnsuntil a decision is made regardingthe clause.

"Our children have been deeply impacted by this and have suffered enough."

Dumas is referring to Section 84 of the government's recent Budget Implementation Tax Statues Act, which would exempt the province from any legal responsibility for years of clawing backthe Children's Special Allowance.

Beginning in 2010, under an NDPgovernment, the province began requiringthe CFS agencies to remit the money given to them through the allowance, saying the province was paying for the maintenance of children in care and the money was therefore owed to them.

The Progressive Conservative government, first elected in 2016, continued the practice for three years, until it was ended in 2019.

'Stand up for our children,' read some of the signs at the protest against a government bill. (Trevor Brine/CBC)

Families Minister HeatherStefanson said the government no longer orders CFS agencies to remit the money, "and any legislation weintroduce in this area [during the new legislative session] will be designed to put it behind us while protecting Manitoba taxpayers."

The province did not respond late Wednesday when asked if any updated legislation would exempt the province from any existing or future lawsuits.

Stefanson added that CFS authorities and agencies are expected to receive more than $400 million in funding in 2020-21, whichincludes the amount they receivethrough the Children's Special Allowance.

Opposition NDP Leader Wab Kinewsaid it was wrong of his party to withhold the federal funds when it wasin power,and it's misguided for the province to fight a lawsuit now.

"Mr. Pallister's government knows that this is wrong. They know that it's wrong. Why else would they have to change the laws to make this practice permissible?"

With files from Kristin Annable