B.C. court overturns $150,000 child welfare decision

The B.C. Supreme Court has overturned a decision to award $150,000 to an Indigenous mother whose children were taken away, after an appeal was filed by the child welfare agency in the case.

The case dates back to 2016, when the woman, identified by the BC Human Rights Tribunal (BC HRT) only as RR, lost custody of her four kids.

Her lawyer said in November 2022 the Vancouver Aboriginal Child and Family Services Society (VACFSS) retained custody and restricted RR’s access to her children for three years.

The BC HRT eventually ruled to award the woman the money, saying the VACFSS discriminated against her on the basis of her race and disability. Throughout the case, the VACFSS maintained that its actions were undertaken to protect the kids.

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, a finding that warrants the highest amount of human rights damages.

However, the VACFSS brought forward a petition to appeal in January 2023, saying the tribunal “overstepped.” The society claimed the BC HRT’s decision was “tainted by procedural unfairness.”

In a ruling earlier this week, B.C. Supreme Court Judge Justice Gomery said he had “identified legal errors and procedural unfairness.” He ordered the decision be “remitted to the Tribunal for further consideration.”

“In reconsidering the matter, the Tribunal must afford the Society a fair opportunity to adduce further evidence in light of the issues now presented for decision,” Gomery continued.

“The successful parties are the Society and the Attorney General, and neither has sought costs. There will be no order as to costs.”