A proposed $66-million settlement has been reached in a class-action lawsuit regarding the use of birth alerts in B.C.
The website, Birth Alerts BC Class Action, announced the proposed settlement on June 8. The Supreme Court of B.C. will decide whether or not to approve the proposed settlement at a settlement approval hearing on Dec. 4, 2021. The settlement is a compromise resolution that does not include any admissions by any party.
If the settlement is approved, it would provide a minimum of $2,000 in compensation to eligible class-action members, with Indigenous members receiving an additional amount.
“This proposed settlement addresses a practice that operated for decades, often without people’s knowledge, during one of the most vulnerable times of their lives,” said Jen Winstanley, partner of Camp Fiorante Matthews Mogerman LLP, the counsel representing the plaintiff and the lawsuit.
“If approved, the proposed settlement would create a process for people to seek information about whether a Birth Alert was issued about them, provide compensation and offer trauma-informed support throughout the claims process.”
The proposed settlement just addresses the birth alert, and it doesn’t determine anything about actions taken after the birth.
Birth alerts were communications sent by child welfare workers from the Ministry of Children and Family Development to hospitals about a pregnant person before the baby was born. The communication stated or implied that the baby might need protection.
The alerts officially ended in 2019.
Representative plaintiff, Adrianna Zeleniski, said the proposed settlement creates a process that avoids a lengthy trial.
“People should not have to publicly relive painful experiences to be heard or supported,” she said.
Zeleniski added she hopes the settlement also helps people understand they are not alone nd that support is available to help them understand their options and submit a claim.
The class-action lawsuit was filed in B.C. on Sept. 1, 2021, on behalf of British Columbians who were the subject of a birth alert, according to a news release at the time from Camp Fiorante Matthews Mogerman LLP.
However, a person may be part of the class action if a birth alert was issued about them in B.C. between May 31, 1980, and May 8, 2026.
Birth Alerts BC Class Action says some people will receive a notice directly from the claims administrator.
The lawsuit claims that birth alerts shared private information without the person’s knowledge, and that the practice disproportionately affected Indigenous families.
Camp Fiorante Matthews Mogerman LLP has also represented class-action lawsuits regarding birth alerts in Manitoba and Saskatchewan.
A statement from B.C.’s Ministry of Attorney General says the province has agreed to settle the lawsuit, adding this “resolution is the most responsible decision to close this chapter and avoid lengthy and costly litigation.”
The statement says B.C. was the first province in Canada to end the practice of issuing birth alerts.
“We know that birth alerts were primarily issued for marginalized women and, disproportionately, Indigenous women and we acknowledge the trauma women experienced. This change in policy reflects our commitment to strengthening families and keeping them whole.”
As the case is still subject to a court approval process, the ministry says it is limited in its ability to comment on the proposed settlement or share additional information.