FOR IMMEDIATE RELEASE
May 8, 2025
Court of Appeal Upholds $150,000 Award to Indigenous Mother in Landmark Human Rights Case
Unceded territories of the ʷməθkʷəy̓əm (Musqueam), Sḵwx̱wú7mesh (Squamish), and səlilwətaɬ (Tsleil-Waututh) Nations – In a significant and precedent-setting decision, the BC Court of Appeal has upheld a $150,000 award to an Indigenous mother, RR, who was wrongfully separated from her children and subjected to discrimination within the child welfare system.
The Court confirmed that state intervention in child welfare must be free from discrimination, and that individuals harmed by discriminatory conduct have the right to seek redress through the BC Human Rights Tribunal.
“This is a vindication of our client’s long and difficult journey through the justice system,” said Jonathan Blair, lawyer with the Community Legal Assistance Society (CLAS), who acted as co-counsel to RR.
RR’s case centered on the role that discriminatory assumptions played in VACFSS’s decisions to retain custody of RR’s children and restrict her access to them. The Human Rights Tribunal previously found that RR had been discriminated against, awarding her $150,000 in damages. Today’s decision affirms that award in full.
“The Court has made it clear that protecting children and upholding human rights are not mutually exclusive,” adds Danielle Sabelli, a fellow CLAS lawyer and co-counsel on the appeal.
In its judgment, the BC Court of Appeal, led by Chief Justice Marchand, emphasized the importance of ensuring that the Human Rights Code applies to all state actors, including those operating under the Child, Family and Community Service Act.
“There is no operational conflict between the CFCSA and the Code. Far from it.” said Chief Justice Marchand. “The CFCSA protects children. The Code ensures child protection services are delivered free of discrimination. Given the child welfare system disproportionately impacts people with protected characteristics—none more so than Indigeneity—the system needs both.”
This ruling marks a major legal milestone for Indigenous parents, people with disabilities, and all those affected by systemic discrimination in the child welfare system. CLAS also notes that VACFSS has confirmed it will release the Tribunal-ordered compensation to RR, which has been held in trust pending the outcome of the appeal.
About the Case
RR was separated from her four children in 2016, when they were taken into care. Over the course of nearly three years, her access to them was severely limited. The BC Human Rights Tribunal found that decisions made about RR were influenced by discriminatory stereotypes and assumptions. In 2022, the Tribunal awarded RR $150,000 for the harm she experienced. That award has now been upheld in full.
RR is a racialized Afro-Indigenous woman and a single mother. She is an intergenerational survivor of residential schools with disabilities stemming from trauma. She is also a leader in her community and a passionate advocate for justice. Despite the immense barriers she faced, she has shown extraordinary strength and perseverance throughout this process.
Media Contact:
Jacqui Mendes, Executive Director
(604) 366-5588 | JMendes@clasbc.net
Community Legal Assistance Society