A new Class Action lawsuit has been filed against Alberta Child Welfare and the Public Trustee on May 31, 2018 as RT, MP, CA SA, and RC v. Her majesty the Queen as represented by the Director of Child Welfare and the Public Trustee of Alberta Action No.: 1803 10967.
This new Class Action is intended to cover ALL legal issues and factual issues that are common to victims of Alberta Child Welfare. The goal is, that once all of the common legal and factual issues are determined, that every victim of Alberta Child Welfare would be able to go ahead with their own lawsuit against Alberta Child Welfare or each victim could settle their claims against Alberta Child Welfare.
The main common issues of fact and law that we hope to answer are:
- Is Alberta Child Welfare legally responsible to pay compensation for the injuries and abuse caused by foster parents?
- Is Alberta Child Welfare legally responsible to pay compensation to children who were taken from their families who unreasonably lost relationships with their siblings, aunts, uncles, cousins, grandparents and parents? (This is very similar to the 60s Scoop settlement with the Government of Canada.)
- Did Alberta Child Welfare make proper service plans for children and their parents?
- Were Child Welfare workers unable to perform their duties to children and parents in the Child Welfare system because their case loads were too large?
- Can victims of intentional physical, emotional and sexual child hood abuse receive more compensation for pain and suffering than victims of accidental injuries?
- Did Alberta Child Welfare put their own legal and political interests ahead of the interests of the children in the Child Welfare system?
- Should Alberta Child Welfare pay extra compensation to the victims to punish Alberta Child Welfare and to change the behaviour of Alberta Child Welfare?
- Are there other victims that were technically not part of the Child Welfare Class Action 1 and Alberta Child Welfare Class Action 2 entitled to compensation?
The first Court conference is scheduled for September 4, 2018 at 9 AM before the Honourable Justice R. Graesser.
The main issues to be discussed at the first Court conference will be:
- How quickly will the case proceed,
- Whether Alberta Child Welfare will be allowed to use delay tactics,
- Whether Alberta Child Welfare will be forced by the Court to openly and honestly communicate so that the case can move forward quickly,
- Whether each Class Member will be able to proceed with their own case if the Government refuses to have a Class Action, and
- Whether the government will be forced to pay the legal fees of the Class Members.
If you believe that you might be entitled to be in this new Class Action, the please complete
updated on August 22, 2018