NAN Seeks Intervenor Status in Off-Reserve Indigenous Child Welfare Appeal
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Posted by Shelby Percival
- Posted in BlogsNews
On May 8, 2026, Nishnawbe Aski Nation (“NAN”) appeared before the Ontario Court of Appeal (“ONCA”), seeking leave to intervene in B.M. v. Ontario, a proposed class action concerning off-reserve Indigenous children and families impacted by Ontario’s discriminatory child welfare system and practices. The appeal arises after the Ontario Superior Court dismissed the action at the certification stage, despite similar proceedings advancing in other jurisdictions across Canada.
The proposed class action seeks compensation for off-reserve Indigenous children and families who were apprehended, denied essential child welfare services, or otherwise harmed by systemic underfunding and discriminatory practices. The litigation parallels the well-known on-reserve child welfare proceedings advanced through the Canadian Human Rights Tribunal and the Caring Society litigation, while focusing specifically on the experiences of Indigenous children living off-reserve.
Counsel for NAN, Julian Falconer and Erin McMurray of Falconers LLP, appeared in front of Justice Favreau. Julian Falconer made submissions to Justice Favreau advocating for NAN to be granted intervenor status at the appeal stage. NAN’s proposed intervention emphasizes the need for equitable treatment of Indigenous children regardless of where they live, whether on or off reserve, and seeks to ensure that the lived realities of NAN First Nations are properly reflected before the Court, including how delivery of child and family services are affected by remoteness.
Related Documents:
- BM v. Ontario, 2025 ONSC 4575
