Proposed Settlement - Birth Alerts BC

The Birth Alerts BC Class Action

In 2019, the Government of British Columbia (the Province) announced it was ending the use of Birth Alerts.

In 2021, a class action was filed against the Province. The plaintiff is Adriana Zeleniski, who is bringing the Claim on behalf of people who were the subject of Birth Alerts (called “class members”).

This class action says that Birth Alerts disclosed sensitive personal information and so were a privacy violation and an infringement of the rights to liberty and security. It also says that for Indigenous parents, Birth Alerts violated the right to equality.

In 2026, the Province and Ms. Zeleniski agreed to settle the case.

Read the short notice | Read the long notice

What is a Birth Alert under the proposed settlement?

A Birth Alert refers specifically to a communication sent by a child welfare worker from Ministry of Children and Family Development (MCFD) or delegated Indigenous agencies to a hospital before a baby was born. This communication stated or implied that a specific person was pregnant and that the child might need protection. 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. Many people did not know this message had been sent. Some only learned about it years later. Others may still not know it happened to them.

Some people had contact with child welfare authorities from MCFD during pregnancy or at the time of birth. However, not every interaction with child welfare authorities was a Birth Alert.

Hospitals and child welfare workers from MCFD may have also communicated with each other for other reasons. For example, hospital staff may have contacted MCFD directly. A communication from a hospital to MCFD would not be considered a Birth Alert.

For the purposes of this proposed Settlement, a Birth Alert is defined by the communication sent from a child welfare worker from MCFD to a hospital before the birth.

Who is included in the proposed settlement?

A person may be part of the class if a Birth Alert was issued about them in British Columbia during the class period. The class period begins May 31, 1980, and continues until May 8, 2026, the date the Court certified the class action.

Some people will receive a notice directly from the Claims Administrator because records suggest they may have been the subject of a Birth Alert. Other people may not receive this notice but still could be part of the class.

What the proposed settlement includes

This class action says that Birth Alerts disclosed sensitive personal information and so were a privacy violation and an infringement of the rights to liberty and security. It also says that for Indigenous parents, Birth Alerts violated the right to equality. The settlement does not address what may have happened once the child was born.

If the Court approves the proposed settlement, the Province of British Columbia would provide 66 million dollars to the settlement funds. This means that people who submit approved Claims may receive compensation.

If approved, the proposed settlement would provide a minimum of $2,000 in compensation to class members who submit an eligible Claim. Indigenous class members who submit an eligible Claim will receive additional compensation. The amount each class member receives will depend on the number of class members who submit eligible 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 Claims.