The proposed settlement is not yet approved. The Court will be asked to approve the proposed settlement at the Settlement Approval Hearing.
Frequently Asked Questions
Answers to your questions about the class action and the proposed settlement.
About the proposed settlement
What is a class action?
A class action is a lawsuit brought by one or more people on behalf of a larger group who have similar experiences or claims. Instead of each person starting their own case, the claims are handled together through one court process.
What is this class action about?
This class action is about the use of Birth Alerts in British Columbia. A Birth Alert was a message sent by a child welfare worker to a hospital about a pregnant person. The Birth Alert expressed or implied a concern that, after their person gave birth, their child might need protection. Birth Alerts were often issued without the pregnant person’s knowledge.
What is a Birth Alert?
A Birth Alert is a communication sent by a child welfare worker from the Ministry of Children and Family Development (MCFD) or delegated Indigenous agencies to a hospital before a baby was born. The communication stated or implied that the person was pregnant and that their child might need protection after birth. After a Birth Alert was sent, child welfare workers commonly came to the hospital before the parent and/or baby was discharged from the hospital.
For this class action, a Birth Alert means the communication sent by a child welfare worker to a hospital. It told the hospital that a person was pregnant and expressed or implied concern that, after the person gave birth, their child might need protection.
The proposed settlement does not address any interactions with child welfare workers or MCFD after the baby was born. This distinction may be difficult for some people because the Birth Alert may be closely connected to what happened afterward.
If you think you may have been subject to a Birth Alert between May 31, 1980, and May 8, 2026, learn more and sign up for updates and next steps at www.BirthAlertsBC.ca or talk to a Claims Helper through our Info Line at 1-833-632-6557.
What does the proposed settlement address?
The proposed settlement addresses the Birth Alert itself. This means a communication sent by a child welfare worker from the Ministry of Children and Family Development (MCFD) or delegated Indigenous agencies to a hospital before a baby was born. The communication stated or implied that the person was pregnant and that their child might need protection after birth. After a Birth Alert was sent, child welfare workers commonly came to the hospital before the parent and/or baby was discharged from the hospital.
The proposed settlement does not address any interactions with child welfare workers or Ministry of Children and Family Development (MCFD) after the baby was born. This distinction may be difficult for some people because the Birth Alert may be closely connected to what happened afterward.
What is the proposed settlement?
The proposed settlement is an agreement between the parties to resolve the class action without a trial.
The Supreme Court of British Columbia must decide whether to approve the proposed settlement at the Settlement Approval Hearing.
If the Court approves the proposed settlement, class members who submit an approved Claim will receive at least $2,000.
Indigenous class members who submit an approved Claim will receive additional compensation. The final amount each person receives will depend on the number of approved Claims.The proposed settlement also includes a collective fund to support families and communities affected by Birth Alerts.
The proposed Settlement is not an admission that the Province did anything wrong. It is a legal compromise to resolve the class action.
Does the proposed settlement mean the Province admitted wrongdoing?
No. The proposed settlement is not an admission that the Province did anything wrong. It is a legal compromise to resolve the claims.
What does the proposed settlement include?
If the Court approves the proposed settlement, the Province will provide $66 million in settlement funds.
People who submit approved Claims may receive compensation. The proposed settlement also includes a collective fund to support families and communities affected by Birth Alerts.
How much compensation could I receive?
If the Court approves the proposed settlement, class members who submit an approved Claim will receive at least $2,000.
Indigenous class members who submit an approved Claim will receive additional compensation. The final amount each person receives will depend on the number of approved Claims.
What is the collective fund?
The collective fund is part of the proposed settlement. It is intended to support families and communities affected by Birth Alerts.
This fund is separate from individual compensation paid to class members with approved Claims
What is the Settlement Approval Hearing?
Before the proposed settlement becomes final, the Court must review and approve it. The Court will also review the plan for how compensation will be shared by class members (called the “Distribution Plan”). Finally, the Court will also hear Class Counsel’s request for legal fees.
At this hearing, the Court will decide whether the proposed settlement is fair, reasonable, and in the best interests of class members.
Do I have to attend the Settlement Approval Hearing?
No. The Settlement Approval Hearing is open to anyone who wishes to attend but you do not have to attend to be included. Class Counsel will attend on behalf of Class Members and answer the Court’s questions. If you object and ask to speak at the hearing, you may be able to do so.
Eligibility
Who could have been subject to a Birth Alert?
A Birth Alert was a communication sent by a child welfare worker from the Ministry of Children and Family Development (MCFD), and in some cases delegated Indigenous agencies, to a hospital before a baby was born. It expressed or implied concern that the child might need protection after birth. Birth Alerts often happened without the pregnant person’s knowledge or consent. The practice disproportionately impacted Indigenous women.
If you think you may have been subject to a Birth Alert between May 31, 1980 and May 8, 2026, learn more about your options.
I just received a notice. What does this mean?
If you received a notice directly, records suggest that a Birth Alert may have been issued about you.
This means you may be part of the Birth Alerts BC Class Action. You have options. You can take time to read the notice and get support before deciding what to do.
I did not receive a notice. Could I still be included?
Yes. You may still be included even if you did not receive a notice.
Many people were never told that a Birth Alert was issued about them. Some people will receive direct notice because records suggest they may have been the subject of a Birth Alert. Other people may not receive direct notice and may still be part of the class.
If you think you may have been subject to a Birth Alert between May 31, 1980 and May 8, 2026, learn more about your options .
Who is included in the class action?
You may be included if a Birth Alert was issued about you in British Columbia during the class period, which is from May 31, 1980 to May 8, 2026.
Who is not included as a class member?
You are not included if, at the time the Birth Alert was issued, you were under 19 years old and in the care or custody of the Provincial Director of Child Welfare or the Province of British Columbia.
I think I was subject to a Birth Alert but live in a different province. Where can I go for more information?
This information is specifically for Birth Alerts in British Columbia. There are actions at various stages in Manitoba, Saskatchewan, Ontario and Quebec:
- Manitoba: www.cfmlawyers.ca/class-action/birth-alerts-manitoba/
- Saskatchewan: www.cfmlawyers.ca/class-action/birth-alerts-saskatchewan/
- Ontario: https://goldblattpartners.com/experience/class-action-cases/post/gg-v-ontario/
- Quebec: www.belleaulapointe.com/en/class-actions/birth-alerts/
What if I do not know whether a Birth Alert was issued about me?
You are not alone. Many people may not know whether a Birth Alert was issued about them.
If you believe a Birth Alert may have been issued about you, contact a Claims Helper through the Info Line at 1-833-632-6557
What if my child was not taken into care?
You may still be included. The proposed settlement is about the Birth Alert itself. It does not depend on whether your child was taken into care or what happened after the baby was born.
What if I had contact with Ministry of Child and Family Development (MCFD) during pregnancy or birth?
Not every interaction with MCFD was a Birth Alert.
A Birth Alert refers specifically to a communication sent by a child welfare worker to a hospital before the birth. If hospital staff contacted MCFD first, that may not be considered a Birth Alert. These situations may need to be reviewed to understand what happened.
If you are unsure, you can contact a Claims Helper through the Info Line at 1-833-632-6557.
Your Options
What are my options?
You have four options:
- Stay in the proposed settlement and submit a Claim.
- Opt out of the proposed settlement.
- Object to the proposed settlement.
- Do nothing.
Each option has different results. Learn more about your options.
What does it mean to stay in the proposed settlement?
If you stay in the proposed settlement, you can submit a Claim for compensation.
If the Court approves the proposed settlement, it will apply to you. If you submit a Claim Form and the Administrator determines you are eligible, you will receive compensation.
If you stay in the proposed settlement you will not be able to start your own legal action against the Province for the same issues covered by this class action.
The released Claims are explained in Sections 5.1 to 5.3 of the Settlement Agreement. You can read the full Settlement Agreement here.
What does it mean to opt out?
Opting out means you remove yourself from the class action.
If you opt out, you will not receive compensation from the proposed settlement if it is approved. The proposed settlement will not apply to you. You may choose to pursue your own legal action, and you will need to pay your own legal costs.
Learn more about opting out.
What does it mean to object?
Objecting means you are telling the Court that you disagree with the proposed settlement or how the money will be shared.
You can object in writing by filling out an objection form. You can also ask to speak at the Settlement Approval Hearing by indicating this on your Objection Form. The Court will consider objections before deciding whether to approve the proposed settlement.
Learn more about objecting.
If I object, can I still receive compensation?
Yes. If the Court approves the proposed settlement, you can still submit a Claim for compensation even if you objected.
Objecting does not remove you from the class action.
What is the difference between opting out and objecting?
Opting out means you are choosing not to be part of the proposed Settlement.
- You will not receive compensation from the proposed Settlement.
- You will keep the right to take legal action on your own.
- If you opt out, the proposed Settlement no longer applies to you, so you cannot object to it.
Objecting means you are staying in the proposed Settlement, but you want to tell the Court that you disagree with part of it.
- You can object to the proposed Settlement itself, to how the money will be shared, or to the legal fees.
- You will still need to submit a Claim if you want to receive compensation.
- If you object, you are still part of the proposed Settlement and give up the right to sue the Province on your own, if it is approved by the Court.
What happens if I do nothing?
If you do nothing, you will not get any money from the proposed Settlement even if it is approved by the Court. You will not be able to start your own legal action against the Province for the Claims that are settled in this class action.
If the Court approves the proposed settlement, the release will still apply to you. This means you will not be able to start your own legal action against the Province for the same issues covered by this class action.
You will not receive compensation unless you submit a Claim.
Claims
Can I submit a Claim now?
Yes. Claims can be submitted now.
Payments will not be made unless the Court approves the proposed settlement.
Do I need to submit a Claim to receive compensation?
Yes, you must submit a complete Claim Form to be eligible for compensation.
Claims Helpers are available to help you understand the process and complete your Form.
What information is needed for a Claim?
The Claim Form asks for information needed to review whether you are eligible for the class action.
You do not need to know for certain that a Birth Alert was issued before asking questions or starting the process. Learn more about what’s needed.
Do I need proof that a Birth Alert was issued?
You do not need proof that a Birth Alert was issued about you. You may not know whether a Birth Alert was issued about you. Many people were never told.
The Claims Process includes your authorization for Class Counsel and the Administrator to review your hospital records to help determine whether there is evidence of a Birth Alert. You may be contacted if more information is needed.
Who reviews my Claim?
The Claims Administrator reviews Claims according to the rules set by the Court. The Claims Administrator is Verita.
Claims Helpers do not decide whether you are eligible and do not approve Claims.
Class Counsel
Who is Class Counsel?
Class Counsel are the lawyers who represent everyone included in the class action.
In this case, Class Counsel is CFM Lawyers LLP. They can explain the class action, the proposed settlement, and your options.
Do I need to hire my own lawyer?
If you choose to stay in the class action, you do not need to hire your own lawyer to take part in the Claims Process. You may choose to get your own legal advice, especially if you are thinking about opting out.
How are Class Counsel being paid?
Class Counsel will ask the Court to approve their legal fees. At the settlement approval hearing, the lawyers will request up to 25% of the Settlement Fund. The Court must review and approve the fees before they are paid.
Do I need to pay Class Counsel?
No. You do not need to pay Class Counsel directly to take part in the class action.
Resources and support
Can I get help deciding what to do?
Yes. You can contact a Claims Helper for free support. Claims Helpers can explain your options and help you understand the process. They cannot give legal advice or decide what you should do. Learn more about Claims Helpers.
Who are Claims Helpers?
Claims Helpers provide free support during the Claims Process.
They can explain the process in plain language, help you understand your options, and support you with forms. They are trained to provide trauma-informed and culturally safe support.
Claims Helpers do not decide whether you are eligible or whether your Claim will be approved.
Learn more about Claims Helpers.
Are Claims Helpers connected to the Ministry of Children and Family Development (MCFD) or the Province?
No. Claims Helpers are independent from the Ministry of Children and Family Development (MCFD) and the Province. They work for a company called Castlemain which specializes in providing communications and claimant support services.
Is my information private?
Information submitted through the Claims Process will be handled according to the settlement process and applicable privacy requirements. Please do not share personal details, Claim information, file numbers, or private experiences on social media or in public comments.
Learn more about your privacy.
What if this information is upsetting?
Learning about Birth Alerts or this class action may bring up strong or unexpected feelings. You can take this process at your own pace.
If you want to talk to someone or need support, you can reach out to:
- BC Mental Health & Crisis Response: 310-6789 or www.crisiscentre.bc.ca
- Hope for Wellness Help Line: 1-855-242-3310 or www.hopeforwellness.ca
- Local support: call 211