A landmark court ruling has found that the federal and provincial governments violated the constitutional rights of First Nations in Manitoba by failing to respect their authority over child welfare. In a 385-page decision released on May 13, 2026, Chief Justice Glenn Joyal of the Manitoba Court of King’s Bench determined that both levels of government breached the rights of First Nations to govern their own child and family services.
The ruling stems from a class action lawsuit launched in October 2022 by the Assembly of Manitoba Chiefs, along with leaders from Misipawistik, Pimicikamak, and Black River First Nations. The court has certified the case as a class action, meaning all 63 First Nations in Manitoba are now eligible to benefit from the judgment. While the lawsuit originally sought $2.1 billion in damages for harms dating back to 1992, the court has not yet made a final decision on financial compensation.
Chief Justice Joyal stated that the current child welfare system is disproportionately focused on removing children from their homes rather than preventing family separation. The judge noted that government interventions have done little to reduce the number of First Nations children in care, which remain high. According to provincial data for 2024-2025, there were 9,172 children in care across Manitoba agencies, with 91 percent identified as Indigenous.
The court’s decision marks a significant legal shift, acknowledging that First Nations have a constitutionally protected right to self-governance in child welfare under the Constitution Act, 1982. Manitoba Premier Wab Kinew described the ruling as significant and noted that the province is currently reviewing the decision to determine its next steps. Both the provincial and federal governments have 30 days from the ruling to decide whether to appeal.
