Vancouver-based firm CFM files class action against Government of B.C.’s MCFD for parents subjected to “illegal and unconstitutional” birth alerts in the province
Alisha Samnani (she/her) // Editor-in-Chief
Ethan Woronko (he/him) // Illustrator
Warning: The information here may trigger unpleasant feelings or thoughts of past abuse. Please contact the National Indian Residential School Crisis Line at 1-866-925-4419 for support.
Indigenous parents in British Columbia that have been subjected to birth alerts are now represented in a proposed class action lawsuit filed through the B.C. Supreme Court in September 2021.
In B.C., ‘birth alerts’—something practiced by the Ministry of Children and Family Development (MCFD)—were issued by social workers when they felt that an expectant parent would put their newborn at risk. These alerts involved sharing personal information of these expectant parents without their consent. Once a newborn arrived, hospital workers would inform the social workers, who would often apprehend or remove the child immediately after the birth.
It’s a practice that was cited in the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls as “racist and discriminatory and a gross violation of the rights of the child, the mother, and the community.” In addition, it’s a practice that disproportionately affects Indigenous women.
According to government records obtained by Indiginews, birth alerts in B.C. lead to infant apprehensions 28 per cent of the time. In 2018, 58 per cent of parents impacted by these alerts were Indigenous.
Although B.C. is one of many provinces said to have formally abandoned the practice—although not until government lawyers advised the MCFD that issuing birth alerts was “illegal and unconstitutional”—the impact of unexpectedly and forcefully having your newborn child removed from your care is long lasting.
Due to the ongoing impacts of systemic racism and colonial structures, Indigenous children represent over two-thirds of all children in care in B.C.—despite only accounting for 10 per cent of all youth under 14 in the province.
Camp Fiorante Matthews Mogerman LLP (CFM), the Vancouver-based firm who filed the class action, alleges that birth alerts are “a product of the state’s colonialist and paternalistic attitude,” which are “grounded in discriminatory assumptions regarding which individuals are likely to be neglectful or abusive parents.” CFM is working alongside Indigenous-owned and operated firm Semanganis Worme Lombard (SWL) to ensure a trauma-informed process.
SWL is also working on a class action against the forced sterilization of Indigenous women across Canada.
While birth alerts are said to no longer be a thing in B.C., what tangible steps have been taken to ensure that no newborn — or their families — fall through the cracks?
This is a developing story and will be updated as more information becomes available.
I am a Chilcotin mother of six that had a birth alert on my health file at the Cariboo Memorial Hospital on Williams Lake B.C on June 19,2008. I was assigned two RCMP member’s to watch me 24/7 during my two weeks of being held & detained at the hospital against my will by Williams Lake MCFD Chilcotin Tag Team bsw worker’s. Roger Downing, Justin TETHER and Derek Blood. Along with member’s of the Williams Lake RCMP detachment standing guard at my hospital door preventing me from leaving with my new born. I was held hostage by the hospital staff, RCMP member’s and the MCFD director Dave Hall from Kamloops B.C. I have been hunted down like an animal by the Williams Lake MCFD & RCMP ever since to this very day. Any questions you may have for me, my number is (250)394-4233. You may call me day or night. I am putting forth a demand for accommodation for hardship under the International Covenant on Civil and Political Right’s and the Vienna Convention that’s armed with the Emergencies Act and backed by the Royal Styles And Titles Act with this statement of my birth alert for me and my son Vincent Jr who the Williams Lake MCFD worker Cheri Carter is attempting to adopt out to my son’s foster parents. I had family court 9n October 28, 2021 and I was escorted out of the court house because I put a demand for accommodation for hardship under the ICCPR & Vienna Convention on the table and asked if that court was a court of inherent jurisdiction where my faith in God is to remain harmless. The judge yelled at me and began threatening, bullying and nuisancing me right out of that court room. I was all alone with no support from anybody. Still don’t have any support. All my children ran away from thier abusive foster homes one by one back home to me on Reserve here in the Tsilhqotin Territories.
I need to know how to get In contact with cfm everything that is listed that they help with is my story I need help they took my babies for no reason and I am indigenous
My wife was birth alerted in Abbotsford BC after her doctor guaranteed that wouldn’t happen. our lawyers told us that count happen. yet I was chased out of the building and they attempted to call security and say I was stopping an apprehension?? my wife had only given birth 11 hours before they did this and it was a very touch and go delivery a vacuum was used our son stilll isn’t fully recovered and when they were released by the hospital to go home, the mcdd one again on a Saturday showed up with police and tried to lie and say me and them left hospital together when in fact I walked all the way home and left a good 30 mins before my wife did I simply delivered a stroller so my wife didn’t have to carry a carseat down and elevator out in the parking lot after giving birth the cameras will show it my phone data will show it and so will other factors. what the MCFD did in Abbotsford British Columbia was illegal and immoral. Please help my wife we have been fighting the MCFD since last April and go to trial in November my lawyers name is Micheal Evans his cell is 1 604 312 2499 unfortunately during this fight the MCFD tried to fore my wife to legally divorce me so we cannot for some reason be represented an my wife doesn’t qualify for legal aid I was the stay at home father for 6 years she made all the money made all the decisions but now can’t have the father of her newborn there to help