In April of 2018, Harold (Sonny) Cochrane and Shawn Scarcello brought a court application on behalf of six Indigenous and Metis Child and Family Services Agencies. The lawsuit pertained to the Province of Manitoba’s alleged illegal claw back from Indigenous agencies of Children’s Special Allowance monies meant for children in care.
According to the Children’s Special Allowance Act, the monies “shall be applied exclusively toward the care, maintenance, education, training or advancement of the child in respect of whom it is paid.” However, the Province of Manitoba instead placed these funds into the province’s general revenue account in breach of the Act.
The Province of Manitoba is alleged to have illegally clawed back over $250,000,000.00 of Children’s Special Allowance monies meant for children in care.
As a result of the court application, the Province of Manitoba has agreed to stop the illegal claw back of Children’s Special Allowance monies as of April 1, 2019.