Winnipeg Free Press (Newspaper) - March 26, 2024, Winnipeg, Manitoba
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INDIGENOUS SINGER-SONGWRITER SHINES / C1
Province agrees to $530-M settlement in CFS suits
M
ANITOBA has agreed to a
landmark $530-million settle-
ment to repay children in care
after 14 years of clawing back federal
payments that were supposed to go to
them.
“It’s a great day,” said Trudy Laval-
lee, the litigation guardian and plain-
tiff for non-Indigenous children in care
who didn’t get their children’s special
allowance funding from 2005 to 2019.
“I’m very happy for the kids,”
said Lavallee, executive director of
Animikii Ozoson Child and Family Ser-
vices, at a news conference Monday.
The amount involves $335 million
that was clawed back, plus interest and
damages for discrimination.
The aggregate settlement, which
covers three certified class-action
lawsuits, is expected to receive court
approval this week. It includes Indige-
nous, First Nations, Métis and non-In-
digenous children who were wards of
the province during that time.
“It feels pretty good,” said Lee Mal-
colm-Baptiste, 24, who plans to put his
settlement money towards a down pay-
ment on a house for his young family,
including children ages six and five.
The Ebb and Flow First Nation
member couldn’t say how much he will
receive. He was apprehended in Win-
nipeg in 2007, when he was eight years
old, and “bounced around” to 10 or so
foster homes and placements.
When he and two younger siblings
were taken into care, he said he felt
he’d been “banished” from his family
— “that I’d done something wrong,” he
said from his home in Cutler, Ont.
He was aware of CFS wards “being
looked at differently” and wearing
Walmart shoes when other kids wore
Nikes, Malcolm-Baptiste said.
He didn’t think about money, though,
and had no idea that federal funding
was supposed to be spent on him, he
said.
The monthly special allowance was
supposed to be used exclusively for the
care, maintenance, education, training,
or advancement of the child in care,
federal law states.
In 2005, the then-NDP government
had child welfare agencies remit the
federal benefit to the province, saying
it was in compliance with the law
because it was providing services to
children in care, recalled Elsie Flette,
the lead plaintiff for Indigenous chil-
dren in care.
Flette, the former CEO of the South-
ern Authority, sparked the process of
recovering that money for kids in care
in 2011, when she asked if they were
being discriminated against by having
their federal benefits clawed back.
“When the province took the money,
we had group of children who had no
access to money for things that reg-
ular maintenance would not pay — if
they wanted to take powwow lessons or
were particularly good at hockey, those
kinds of expenses,” Flette said.
“For the province to assume, with
no agreement and no authority and
no provision in place that they could
somehow take this money from the
kids, in our opinion, was theft,” said
Flette Monday’s news conference.
CAROL SANDERS
Declare state of emergency
in Manitoba: advocate
Drug deaths
reach
record high
in 2023
THE number of annual drug deaths
in Manitoba climbed to a record high
in 2023, prompting sorrow and more
calls for action from advocates.
There were 445 drug-related deaths
last year, up slightly from 418 in 2022
and 432 in 2021, based on initial data
from the province’s chief medical
examiner, which was released Monday.
The year-end total was calculat-
ed with the release of preliminary
monthly statistics for December, when
54 drug-related overdose deaths were
counted.
Of those, 41 involved at least one
opioid, including fentanyl.
“To me, this would be a good time to
declare a state of emergency and say,
‘We need to do something about this,’”
said Arlene Last-Kolb, the Manitoba
regional director of Moms Stop the
Harm, a group of parents who’ve lost
children to drug poisonings. “Fif-
ty-four people. We have to remember
that that’s somebody’s daughter or son,
somebody’s father or mother.
“I don’t know how much evidence we
need to say we have to do more.”
The second-highest monthly total of
drug-related deaths in 2023 was 44 in
May.
“I feel deeply saddened every time
we see these reports from the Office
of the Chief Medical Examiner,” said
Marion Willis, executive director of St.
Boniface Street Links.
She has called for more co-ordina-
tion between provincial and municipal
government departments, emergency
services and outreach organizations to
help tackle Winnipeg’s drug crisis and
related issues, such as chronic home-
lessness, mental health and crime.
A member of the St. Boniface Street
Links team died last weekend after
overdosing on fentanyl, said Willis.
“The ripples from this are huge,” she
said.
Last-Kolb’s 24-year-old son, Jessie,
died from a fentanyl overdose in 2014.
She and fellow members of Moms Stop
the Harm advocate for more harm-re-
duction and treatment services.
CHRIS KITCHING
RUTH BONNEVILLE / FREE PRESS
LEAF-ING THROUGH SPRING BREAK
Roman Kolegaer, 5, and his brother Michael Kolegaer, 10, check off items they found in a scavenger hunt while visiting the Leaf at Assiniboine
Park with their mom and grandmother Monday. The Leaf is hosting activities for kids throughout the week.
Judge fines woman $5K for handing out pot candy on Halloween
A Tuxedo woman told a Manitoba
judge she “inadvertently” dished out
cannabis-laced candies to trick-or-
treaters on Halloween because she
wasn’t wearing her glasses.
“I don’t want or expect forgiveness
and I’m not going to make excuses for
what happened,” a sobbing Tammy
Sigurdur told provincial court Judge
Ray Wyant Monday.
“I should have been more careful,
I should have worn my glasses, I
shouldn’t have been rushing around
trying to find more candy.”
Sigurdur, 54, had pleaded guilty to
one charge each of supplying cannabis
to a young person and possessing can-
nabis that is not packed, labelled and
stamped, offences under the Liquor,
Gaming and Cannabis Control Act.
Sigurdur and her husband, Sheldon
Chochinov, 64, were arrested Nov. 1,
2022, one day after police received
complaints from several parents
who said that among the items their
children returned home with on
Halloween night were bags of Nerds
Rope candies that had 600 milligrams
of THC — or tetrahydrocannabinol —
the main psychoactive ingredient in
cannabis.
Police recovered 12 packages of
the THC-laden candy. No child was
injured or believed to have ingested
any of the candy.
Charges against Chochinov were
stayed last November.
On Monday, lawyers for the Crown
and defence jointly recommended Sig-
urdur be fined $5,000. Wyant accepted
the recommended sentence and called
it “fit and appropriate” in the circum-
stances.
“I appreciate the fact this was inad-
vertent. I have no reason to doubt that
whatsoever,” Wyant told Sigurdur.
“If anything good comes of this
hearing, maybe people listening to the
story will say: ‘I need to take more
care, because I am responsible for
what I do in my home… and what I
hand out at Halloween,’” he said.
An agreed statement of facts read
out in court says Sigurdur was in pos-
session of both genuine Nerds candies
and several packages of a THC-laden
knockoff, but failed to keep them in a
separate and secure location.
The knockoff candies are not legally
available in Canada as they contain
THC amounts in excess of what is
allowed for edible cannabis products
and because their packaging mimics
that of children’s candy products,
Crown attorney Terry McComb told
court.
On Halloween night 2022, Sigur-
dur “ran out of candy… and in a rush
grabbed gum and other candies from a
room in their house that contained the
candies,” McComb said, reading from
the agreed statement of facts.
“In doing so, she grabbed the bag
that contained the THC-laden fake
Nerds. The accused was not wearing
her glasses at the time. She packaged
up these items into Ziploc bags and
gave them to her husband, who unwit-
tingly handed them out at the door to
trick-or treaters.”
DEAN PRITCHARD
● CANDY, CONTINUED ON A3 ● DEATHS, CONTINUED ON A2
● CFS, CONTINUED ON A2
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