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B.C. Court of Appeal Restores Human Rights Award in Landmark Ruling on Discrimination in Child Welfare

The court found that racial stereotypes led to the removal of an Indigenous mother's children and affirmed the compatibility of human rights protections with child welfare laws.

Media wait outside court in Vancouver, on June 2, 2015. THE CANADIAN PRESS/Darryl Dyck

Overview

  • The B.C. Court of Appeal ruled that the removal of an Indigenous mother's four children by a child welfare agency was discriminatory and influenced by racial stereotypes.
  • The court restored a $150,000 human-rights award that had been overturned by the B.C. Supreme Court in January 2025.
  • The appellate ruling clarified that the Human Rights Code and the Child, Family and Community Services Act work together to ensure child protection decisions are free from discrimination.
  • The Vancouver Aboriginal Child and Family Services Society removed the children in 2016, returning them to their mother’s care three years later.
  • B.C. Human Rights Commissioner Kasari Govender welcomed the decision, emphasizing its importance in addressing systemic bias in the child welfare system.