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Birth Alerts

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A proposed class action lawsuit has been filed in Vancouver against the Government of British Columbia (Ministry of Children and Family Development) (the “Defendant”) regarding its establishment and operation of a system known as “birth alerts” or “hospital alerts” (the “Birth Alerts Scheme”). Birth alerts are notifications issued to hospitals regarding pregnant persons, which require the hospitals to contact child protection authorities whenever a subject pregnant person’s infant is delivered.

The action alleges that, by establishing and operating the Birth Alerts Scheme in British Columbia, the Defendant has breached subject pregnant persons’ privacy as well as their fundamental constitutional rights—including their right to liberty and security of the person, and the right to equality—and their quasi-constitutional right to privacy regarding intensely personal matters of medical care and childbirth.

The action is part of a coordinated national litigation effort, with additional provincial class proceedings filed or to be filed by members of our counsel group across Canada.

A copy of the Notice of Civil Claim filed in the Supreme Court of British Columbia, as well as the pleadings filed to date in other provinces, is available under Important Documents.

Proposed Class

This action is brought on behalf of members of a proposed class consisting of all persons who were, while pregnant, the subject of a birth alert issued in British Columbia between the date that the Defendant began issuing birth alerts and the date of the certification of this action as a class proceeding (i.e. any person who has been subject to a birth alert issued in British Columbia to date).

There is currently no date set for the certification hearing, and this will only occur after a case management judge is appointed to oversee the action. If you believe you may be a class member, or if you would like more information, please contact:

British Columbia and Alberta: Sharon Wong (Camp Fiorante Matthews Mogerman LLP), Paralegal at (604) 689-7555 or by email at [email protected].

Saskatchewan and Manitoba: Alisa Lombard (Semaganis Worme Lombard) at (306) 664-7175 or by email at [email protected]

Ontario: Tina Q. Yang  (Waddell Phillips) at (647) 261-4486 or by email at [email protected]

Quebec: Mélissa Bazin (Belleau Lapointe, s.e.n.c.r.l.) at (514) 987-6700 or by email at [email protected]

Maritimes: TJ Burke, Q.C. (The Burke Law Group) at (506) 449-1200 or by email at [email protected]

Important Documents

 




Birth Alerts - Status Updates:

September 1, 2021

Birth Alerts Class Action launched - View

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