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B.C. Appeals Court finds agency’s decision to remove kids ‘tainted by stereotype’

  • The B.C. Court of Appeal ruled on May 8, 2025, that an Indigenous mother had been discriminated against when a child welfare agency removed her four children in 2016.
  • The mother, identified as R.R., filed a complaint claiming the removal was based on protected characteristics and not the children's best interests, which led to a human-rights tribunal decision later overturned by the B.C. Supreme Court in January 2025.
  • The appeals court panel found the child welfare agency's view of the mother was "tainted by stereotype," rejecting the Supreme Court's concern about conflicts between the human-rights code and child welfare legislation.
  • The tribunal awarded the mother $150,000, and the appellate court upheld the view that discrimination is determined by the effect of actions rather than intent, stressing that child welfare decisions must not be influenced by racial or other stereotypes.
  • The ruling implies child welfare agencies must avoid discrimination despite good intentions, and B.C.'s Human Rights Commissioner Kasari Govender affirmed that people facing bias in child welfare should rely on human rights protections.
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The Record broke the news in Waterloo, Canada on Thursday, May 8, 2025.
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