FOR IMMEDIATE RELEASE
November 25, 2025
CLAS Update on R.R. v. Vancouver Aboriginal Child and Family Services Society
Unceded territories of the ʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), and səlilwətaɬ (Tsleil-Waututh) Nations – An important development has occurred in the Human Rights Tribunal complaint brought on behalf of R.R., an Afro-Indigenous mother who faced discriminatory treatment in the child-welfare system.
Since our previous media release about this case, several key developments have occurred:
The Supreme Court of Canada has dismissed Vancouver Aboriginal Child and Family Services Society’s (VACFSS) application for leave to appeal
The Supreme Court of Canada declined to hear VACFSS’s appeal of the BC Court of Appeal’s decision. With the leave application dismissed, the BC Court of Appeal’s judgment now stands as the final word in this matter. This brings an end to more than eight years of litigation for R.R.
The Court of Appeal’s decision now guides the case moving forward
The BC Court of Appeal’s decision in R.R. v. VACFSS is now the decision that governs the case. In that decision, the Court confirmed that the BC Human Rights Tribunal has jurisdiction to hear discrimination complaints arising from child-welfare (family-policing) decisions. The decision reinstated the Tribunal award of $150,000 to R.R. for Injury to Dignity.
The Tribunal’s original finding of discrimination stands
With the appeal process concluded, the Tribunal’s finding of discrimination has been restored. The Court of Appeal accepted the Tribunal’s conclusions that stereotypes about Indigeneity, trauma, and disability influenced VACFSS’s decisions, and that key allegations relied on to keep the children in care were uninvestigated or unsupported. As Chief Justice Marchand wrote: “Racial or other stereotypes have no place in decisions to intervene.”
The Court of Appeal has strengthened clarity around human-rights protections in the child-welfare system
The Court confirmed that the Child, Family and Community Services Act (CFCSA) and the Human Rights Code operate together, and that there is no conflict between protecting children and prohibiting discrimination. Child-welfare agencies remain accountable to human-rights standards when exercising their statutory authority, and parents involved with the child-welfare system retain the full protections of the Human Rights Code.
Significance of the Update
This decision confirms that parents involved with the child-welfare system retain full human-rights protections, and that discriminatory assumptions cannot justify decisions that separate families. By restoring the Tribunal’s findings, the Court underscored that stereotypes related to Indigeneity, trauma, or disability have no place in child-welfare decision-making.
The clarification that the CFCSA and Human Rights Code operate together strengthens accountability and supports more equitable, rights-respecting practices within the child-welfare system.
CLAS continues to provide free legal assistance and working to advance the law to address the critical needs of those who are disadvantaged or face discrimination.
Background
For a detailed summary of the case history, findings, and legal reasoning, please refer to our previous media release: https://clasbc.net/court-of-appeal-upholds-150000-award-to-indigenous-mother-in-landmark-human-rights-case/.
Media Contact:
Kristine Sostar McLellan
(778) 872-8703 | [email protected]
Community Legal Assistance Society