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A couple of young women who grew up in care in Alberta are suing the govt for cutting the emotional and financial supports they were promised until the age of 24. These supports are essential to help them transition to independent adulthood. An update: https://ca.gofundme.com/f/legal-challenge-against-cuts-to-the-sfa-program
In November 2019, Minister @rebeccakschulz announced the cuts. In March 2020, my clients commenced legal action, arguing that the cuts were unconstitutional. The cutes would caused them — young, Indigenous and racialized single mothers with significant trauma — further harm.
We obtained an injunction against the government at the last moment: 2 weeks before the cuts were to take effect https://www.cbc.ca/news/canada/edmonton/alberta-young-adults-transiting-out-of-care-1.5503335
Alberta decided to appeal that decision to the Court of Appeal. It argues that the injunction should not have been granted and that these vulnerable youth in care should be denied these life sustaining supports past the age of 22 on an immediate basis https://www.cbc.ca/news/canada/edmonton/sfaa-alberta-youth-care-appeal-avnish-nanda-1.5536688
This is a very difficult case. It's a difficult case because it's a test case in many respects.
Here is the @ABlawg profile: https://ablawg.ca/2020/05/05/alberta-court-grants-injunctive-relief-in-a-constitutional-case/
Here is the decision: https://static1.squarespace.com/static/55de865ee4b019416bec193c/t/5e8cc2df831a5b447cfdbe3b/1586283233061/2003+04825+-+Transcript+of+Interim+Injunction+Decision+-+A.C.+v+Alberta.pdf
Below is an excerpt of the decision signifying the challenges.
Here is the @ABlawg profile: https://ablawg.ca/2020/05/05/alberta-court-grants-injunctive-relief-in-a-constitutional-case/
Here is the decision: https://static1.squarespace.com/static/55de865ee4b019416bec193c/t/5e8cc2df831a5b447cfdbe3b/1586283233061/2003+04825+-+Transcript+of+Interim+Injunction+Decision+-+A.C.+v+Alberta.pdf
Below is an excerpt of the decision signifying the challenges.
We knew how difficult this case would be going into it but we did it anyways because the stakes were so high. For A.C., one of my clients, it includes the reality that she may forced to return to sex work support her family https://www.thestar.com/edmonton/2020/03/14/she-survived-a-childhood-of-sexual-abuse-and-addiction-now-shes-suing-the-alberta-government-to-keep-the-support-she-says-she-needs.html
Alberta has now filed its written argument in the Appeal, and "requests that the interlocutory injunction... be overturned," which would be devestating to A.C. and hundreds of other vulnerable youth that are dependant on the program.
Alberta's Factum: https://static1.squarespace.com/static/55de865ee4b019416bec193c/t/5f4d678bfb2f4e370b61b996/1598908304039/2003-0087AC+Filed+Appellant+Factum%2C+HMQ.pdf
Alberta's Factum: https://static1.squarespace.com/static/55de865ee4b019416bec193c/t/5f4d678bfb2f4e370b61b996/1598908304039/2003-0087AC+Filed+Appellant+Factum%2C+HMQ.pdf
Last week, we filed our written argument, setting out why the court made the right decision in law and on the facts grant the injunction. A key issue is if A.C. can even sue the govt under the Charter for the cuts.
A.C.'s Factum: https://static1.squarespace.com/static/55de865ee4b019416bec193c/t/5f4d67b6b0df2e11731d91fc/1598908343843/2003+0087AC+-+Factum+of+the+Respondent.pdf
A.C.'s Factum: https://static1.squarespace.com/static/55de865ee4b019416bec193c/t/5f4d67b6b0df2e11731d91fc/1598908343843/2003+0087AC+-+Factum+of+the+Respondent.pdf
As we proceed to the Appeal, we need your help. My clients are entirely dependent on the govt program that they are seeking to maintain to survive. There is no agency or org funding their legal efforts against Alberta, which has endless resources to fight these young women.
My clients are incredible, audacious young women who've managed to stop a much better resourced and positioned opponent — the Province of Alberta — in its tracks. But, ask any lawyer, resources matter. In many cases, they are determinative of the outcome in our justice system.
For this reason, thank you to everyone who has contributed to the legal fund. It has cost over $50,000.00 in time and disbursements to date, and I imagine much more in the future. The $13,000+ in contributions people have made ensure this lawsuit remains viable. Thank you.
We are in a difficult time in Alberta. We all feel it. But, due to @jkenney actions, the impacts of the downturn and pandemic are not being felt equally. It has disproportionately impacted the most vulnerable in this province, including the likes A.C. and other vulnerable youth.
However, what makes me proud is that many Albertans are accepting this government's attempt to download the financial burdens on those with the most to lose. The ones with the most at stake. The ones who have been marginalized, excluded for generations.
Albertans are recognizing that the notion of "being in this together" means pushing for an equitable response to the conditions we find ourselves in. We cannot and must not turn our backs on vulnerable youth who grew up in the child welfare system, survivors of sexual violence.
The lives of A.C. and other vulnerable youth matter, which requires us to step up when the government has failed to act. That even means going to court to help them defend their rights.
If you're in a position to support A.C.'s legal challenge, please do so here. Any amount helps bridge the resource gap between Alberta and her, and ensures we are able to fight the province on an equal footing at each turn: http://gf.me/u/xyxvaq
