Class actions > Birth Alerts (Manitoba)

Birth Alerts (Manitoba)ACTIVE

Harper v His Majesty the King in Right of the Province of Manitoba

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A proposed class action lawsuit has been filed on behalf of persons who were, while pregnant, the subject of a birth alert issued or distributed by the Department of Families (“Department”) in Manitoba between the earliest date that the Department began issuing or distributing birth alerts and the date of the certification of this action as a class proceeding (the “Class” or “Class Members”).

Including subclasses of Class Members who:

(a) are Indigenous, racialized, and/or disabled;

(b) claim that they were discriminated against in relation to birth alert because of their relationship with a person who is Indigenous racialized, and/or disabled

(the “Subclass” or “Subclass Members”).

Contact about this case:

CONTACT

overview Updates documents

Overview

CourtThe King’s Bench

Date FiledMarch 15, 2022

CO-COUNSEL Goldblatt Partners LLP
Lombard Law

Proposed Action

The proposed class action lawsuit has been filed in Winnipeg against the Department of Families (“Department”) 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 or other entities regarding pregnant persons. The alerts require the hospitals or entities to contact child protection authorities whenever a subject pregnant person goes into labour or their infant is delivered.

The action alleges that, by establishing and operating the Birth Alerts Scheme in Manitoba, the Defendant has breached subject pregnant persons’ 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.

A copy of the Amended Statement of Claim is available under Documents.

Updates

documents