Vancouver child care agency files petition to appeal $150,000 child welfare decision
Posted January 25, 2023 4:07 pm.
An Afro-Indigenous mother awarded $150,000 for discrimination may not get the money, as the child welfare agency in the case has filed a petition to appeal the decision.
In November, the BC Human Rights Tribunal (BC HRT) ruled to award a woman, only know as RR, the money after if found a Vancouver child welfare agency discriminated against her on the basis of her race and disability.
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The case dates back to 2016, when the woman lost custody of her four kids. Her lawyer says the Vancouver Aboriginal Child and Family Services Society (VACFSS) retained custody and restricted RR’s access to her children for three years.
According to the tribunal, the society’s decisions were informed by stereotypes. At the time, it also said the human rights complaint that was brought forward was “unprecedented” and exposed systemic forces of discrimination, finding that warrants the highest amount of human rights damages.
But now the VACFSS has filed a petition with B.C.’s Supreme Court claiming the tribunal “overstepped.”
“It is essential to request a judicial review because the BC HRT overstepped its jurisdiction in this decision,” Linda Stiller, Chair of the VACFSS Board said in a news release.
“VACFSS regrets having to file a judicial appeal on this case, particularly as an Indigenous-led agency committed to restorative practice and the advancement of provisions in the Act respecting First Nations, Inuit and Métis children, youth and families.”
Stiller says although the agency regrets asking for the review, it is a necessary step.
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“We understand that this step is very difficult, but it is necessary to ensure Indigenous children are protected as intended by the legislation and our decision in no way reflects on the individual who filed the HRT complaint,” said Stiller.
“While we recognize the pain the complainant identified during the hearing, our duty is to ensure that children’s rights are also protected.”
The agency says the case should have been taken to the provincial court because it involves child protection.
“The Member made decisions on child protection matters under the Child, Family and Community Services Act (CFSCA), which are in the exclusive jurisdiction of the British Columbia Provincial Court, and therefore beyond the jurisdiction of the HRT,” the release said.
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It also claims the HRT “does not have jurisdiction to impugn valid legislation.”
“The Member denied VACFSS the right to a fair hearing by expanding the scope of the case before it without providing proper notice. This prevented VACFSS from being able to understand the allegations it had to respond to, and from being able to provide the full evidence and argument in relation to all of issues addressed in the HRT Decision.”
The agency is also asking for the amount of money awarded to be reconsidered, due to the “significant legal issues raised.”
