The plaintiffs sought certification of a class action on behalf of Indigenous children living off-reserve who have been through Ontario's child welfare system, along with their caregiving parents and grandparents, and Indigenous children who have experienced gaps and delays in accessing essential services such as education and health services.
The court dismissed the certification motion, finding that the claim lacked a viable cause of action, failed to establish an identifiable class, lacked common issues, and was not a preferable procedure for resolution.
The court held that the claim impugned broad government policies and funding decisions rather than specific wrongful acts, raising justiciability concerns.
The court also found that the representative plaintiffs could not succeed as they were attempting a collateral attack on valid court orders.
