CBC Examines Legal Battles Over Off-Reserve Indigenous Child Welfare

CBC Indigenous has reported on the growing legal battles across Canada concerning Indigenous children who were taken into child welfare while living off reserve, including ongoing litigation in Ontario represented by Sotos Class Actions.

The October 2, 2026 article, “Legal battles mount over the off-reserve Millennium Scoop,” examines the differing approaches courts have taken to claims seeking to hold the federal and provincial governments accountable for the treatment and overrepresentation of Indigenous children in off-reserve child welfare systems.

The issue has produced significantly different outcomes across the country.

In Ontario, proposed representative plaintiffs B.M. and C.A., who are First Nations and Inuit respectively, are appealing a decision that dismissed their proposed class action against Canada and Ontario.

The appeal has also drawn the involvement of the Anishinabek Nation, Chiefs of Ontario and Nishnawbe Aski Nation, which intervened in the proceeding.

Sotos partner David Sterns, counsel for the plaintiffs, spoke with CBC Indigenous about the broader national significance of the litigation and questions of government accountability for Indigenous child welfare.

“They have a lot to answer for when it comes to Indigenous child welfare, both on and off reserve,” David told CBC.

The CBC report also examines proceedings in other provinces and the differing conclusions courts have reached about the respective responsibilities of Canada and provincial governments.

With courts across the country reaching different conclusions in off-reserve child welfare cases, David told CBC that the issues may ultimately require consideration by the Supreme Court of Canada.

Read Brett Forester’s CBC Indigenous article, “Legal battles mount over the off-reserve Millennium Scoop.”

Sotos Class Actions represents Indigenous children and families in litigation concerning the treatment of Indigenous children taken into child welfare while living off reserve.

Learn more about the Indigenous Youth and Families class actions: https://millenniumscoopcan.ca/.

Learn more about David Sterns: https://www.sotosclassactions.com/team/david-sterns/.