Assembly of Manitoba Chiefs – are seriously concerned about Manitoba fast tracking Bill 2, The Budget Implementation and Tax Statutes Amendment Act. If passed, the Bill will have serious implications on First Nations children in care. On March 19, 2020 the Manitoba government introduced Bill 2. The Bill is currently seeking to legalize Manitoba’s actions of recovering the Child Special Allowance since January 1, 2005, when they started taking the child tax credit away. In 2018, a class action lawsuit was filed on behalf of the off -reserve children who had their CSA’s clawed back. A trial date is set for this September. But if Bill 2 passes by September the Manitoba government would not be held responsible for their actions and the lawsuit would be invalid.
“From 2005 to 2019, approximately $338 million dollars of the Child Special Allowance (CSA) funds meant for First Nations children in care were stolen by the provincial government. This is an illegal action. We have a government trying to justify their actions, wiping their hands clean from the claw backs of the CSA by protecting themselves from any legal recourse through Bill 34,” stated Chief Karen Batson of Pine Creek First Nation. ”This is a human rights violation and is another example of how the provincial government has neglected children in care in the past, present, and now future,” concluded Chief Batson.
Manitoba Keewatinowi Okimakanak Inc. (MKO), the Manitoba Metis Federation (MMF) and the Southern Chiefs’ Organization (SCO) are particularly concerned by section 8, “which sets out to legally end the ability of current and former children in care to sue the Manitoba government for clawing back their monthly Children’s Special Allowance (CSA).