The Following is a portion of the article written by: Carol Sanders
By: Carol Sanders
Posted: 10:56 AM CDT Monday, Mar. 25, 202
Manitoba has agreed to a landmark $530-million settlement to repay children in care after 14 years of clawing back federal payments that were supposed to go to them. “It’s a great day,” said Trudy Lavallee, the litigation guardian and plaintiff for non-Indigenous children in care who didn’t get their children’s special allowance funding from 2005 to 2019.
“I’m very happy for the kids,” said Lavallee, executive director of Animikii Ozoson Child and Family Services, at a news conference Monday. The amount involves $335 million that was clawed back, plus interest and damages for discrimination.
The aggregate settlement, which covers three certified class-action lawsuits, is expected to receive court approval this week. It includes Indigenous, First Nations, Métis and non-Indigenous children who were wards of the province during that time.
The $530-million settlement includes the cost of legal fees and administration.
The claimants will be awarded based on the principle amount of the benefits they had clawed back between 2005 and 2019, plus interest and 20 per cent awarded for discrimination damages, said lawyer Kris Saxberg at Cochrane Saxberg LLP.
For example, a child who had $10,000 in federal benefits clawed back would receive that amount, plus interest, plus damages that are calculated at 20 per cent, or $2,000. He said it will take months for the legal process and a distribution plan to be completed.
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