Release: Court upholds human rights protections for families facing discrimination

Vancouver, unceded Xʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish) and səlilwətaɬ (Tsleil-Waututh) homelands – In a significant ruling released today, the BC Court of Appeal (BCCA) affirmed that the BC Human Rights Tribunal (Tribunal) has jurisdiction over discrimination complaints involving the family policing system (also known as the child welfare system).

The court’s decision in R.R. v. Vancouver Aboriginal Child and Family Services Society (VACFSS) restores a Human Rights Tribunal ruling that found that R.R., an Afro-Indigenous mother, was discriminated against while her children were in VACFSS’s care. VACFSS is a delegated agency of the Ministry of Children and Family Development (MCFD).

“This ruling is pivotal because it recognizes the need for oversight over a system that wields enormous power over families’ lives,” says Bety Tesfay, Staff Lawyer at West Coast LEAF. “The Tribunal has a critical role to play in addressing the deep, systemic harms that Indigenous and marginalized families continue to face at the hands of MCFD and its delegated agencies.”

West Coast LEAF intervened in the case to argue that the broader colonial and social context must be considered by the Tribunal in addressing discrimination in the family policing system. The BCCA agreed, affirming that the Tribunal was right to consider this context in evaluating individual complaints of discrimination. Furthermore, the court found that there is no room for stereotypes or prejudices in conducting risk assessments about the safety of children.

The BCCA ruled that there was no conflict between Human Rights Code and the Child, Family and Community Services Act, and that both forums have overlapping jurisdiction over family policing matters. That is, the two can “operate harmoniously.” The decision found that requiring VACFSS workers to respect human rights law does not undermine the CFCSA’s purpose.

“It is crucial for families engaged by the family policing system to have an avenue for redress for any discriminatory conduct by VACFSS and MCFD workers,” adds Tesfay. “This case highlights the need for greater accountability for a system that continues to inflict colonial harm and anti-Indigenous racism on Indigenous families.”

West Coast LEAF was represented by pro bono counsel Robin Gage and Emma Ronsley at Arvay Finlay.

Read the BC Court of Appeal decision and case summary for more.

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Media contact:

Bety Tesfay (she/her), Staff Lawyer
media@westcoastleaf.org, 604-684-8772, ext. 226