Ontario birth alert class action clears first hurdle against province, but case against children’s aid societies rejected, delaying full accountability.
Ontario Government to Face Court Over Birth Alert Practices
A class-action lawsuit against the Ontario government over controversial “birth alerts” has been certified to proceed, marking a pivotal step for parents—especially Indigenous mothers—who say they were wrongfully targeted by child welfare authorities. The certification came from an Ontario Superior Court judge this week, after a three-year wait by plaintiffs.
Partial Victory: Province to Stand Trial, Agencies Exempt
While the court granted permission to proceed against the province, it denied the request to include 49 children’s aid societies (CAS) in the action. The judge ruled that since CASs are independent and operate autonomously, they cannot be held liable collectively in a class proceeding. Lawyers for the plaintiffs plan to appeal this part of the decision, potentially delaying the case further.
Allegations of Discrimination and Rights Violations
The plaintiffs allege that the Ontario government’s use of birth alerts—notifications sent to hospitals to flag expectant mothers deemed “high risk”—violated Charter rights, particularly those of Indigenous and racialized women. These alerts often led to newborns being taken from their parents immediately after birth, sometimes without sufficient grounds.
Plaintiffs Speak Out on Trauma and Justice
Two key plaintiffs, whose identities are partially protected, shared personal experiences of invasive interventions prompted by birth alerts. G.G., an Indigenous woman from Toronto, described being pressured into mental health assessments during her pregnancy in 2016. Neecha Dupuis, an Anishinaabe mother from Ottawa, said her child was flagged without her knowledge. Both say the trauma still lingers and are determined to see accountability.
Legal Strategy Shifts Amid Appeal Plans
Lawyer Tina Yang, co-counsel for the plaintiffs, confirmed that her team is preparing an appeal to challenge the exclusion of CASs. She emphasized that the ruling validates core elements of the case and stressed the significance of public recognition and systemic reform—not just financial compensation.
Government and CAS Response Pending
Neither the Ontario Ministry of Children, Community and Social Services nor the legal counsel for the 49 CASs have commented, citing the ongoing appeal period, which ends Friday. If appeals are filed, the case will move to the Ontario Court of Appeal before advancing to trial.
A Broader Fight for Accountability
The lawsuit is the first of several birth alert-related cases across Canada to reach certification. Advocates hope it sets a precedent for other provinces and sparks national reform. For many plaintiffs, the fight is as much about recognition and change as it is about justice.
“This Isn’t Reconciliation” – Indigenous Voices Demand Change
“This class-action lawsuit places responsibility where it belongs,” said G.G., reflecting a broader call for accountability. “Opening files on Indigenous pregnant persons without cause is not what reconciliation looks like.” Dupuis echoed the sentiment: “If we made it halfway, that’s better than no way.”
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