A proposed $66-million settlement has been reached in a class-action lawsuit over British Columbia’s controversial use of “birth alerts,” a practice that allowed hospitals and child-welfare agencies to flag pregnant patients deemed “high-risk” without their knowledge or consent. The system disproportionately affected Indigenous women and often led to newborns being apprehended shortly after birth. British Columbia officially ended the practice in 2019 after acknowledging the harm it caused.
The class action, launched in 2021, alleges the practice violated constitutional and privacy rights by sharing personal information without consent or legal authority. Lawyers representing the plaintiffs say affected women experienced discrimination, unnecessary drug testing, restrictions on breastfeeding, surveillance, and aggressive assessments by hospital and child-welfare staff. Former federal justice minister Jody Wilson-Raybould helped mediate negotiations leading to the proposed settlement.
If approved, eligible class members would receive a minimum of $2,000 in compensation, with additional funds allocated for Indigenous claimants and community support initiatives. Court documents show that between January 2018 and September 2019, B.C. issued 423 birth alerts, with Indigenous mothers accounting for more than half of the cases. The settlement still requires court approval later this year and does not include admissions of wrongdoing by the province.
