Class Actions

Birth Alerts Class Action —

This proposed class action against the Government of Ontario and Ontario’s Children’s Aid Societies alleges that the usage of birth alert notifications violated the constitutional rights of pregnant persons.

Case Overview

This proposed class action is brought against the Province of Ontario (Ministry of Children and Youth Services) and the provincial Children’s Aid Societies regarding their establishment and operation of a system known as “birth alerts” or “hospital alerts” (the “Birth Alerts Scheme”).

Birth alerts are notifications issued to medical service providers regarding pregnant persons. The medical service providers are informed that they are required to provide a subject pregnant person’s personal information to child protection authorities, including when they go into labour and deliver their infants.

Birth alerts are, and were, issued based on speculative child protection concerns, often grounded in discriminatory assumptions regarding which individuals are likely to be neglectful or abusive parents.

The action alleges that, by establishing and operating the Birth Alerts Scheme in Ontario, the defendants breached subject pregnant persons’ fundamental constitutional rights, including their right to liberty and security of the person, and their right to equality. The action also alleges that the defendants breached subject pregnant persons’ quasi-constitutional right to privacy regarding intensely personal matters of medical care and childbirth.

This action is brought on behalf of all persons who were, while pregnant, the subject of a birth alert issued in Ontario. This includes any person who has been subject to a birth alert issued in Ontario to date.

The proposed action is part of a co-ordinated national litigation effort, with additional provincial class proceedings filed or to be filed by members of our counsel group across Canada. Waddell Phillips Professional Corporation will be acting as counsel for the proposed class action in Ontario.

Have you been the subject of a birth alert in Ontario?

If you believe that you or someone you know was the subject of a birth alert in Ontario, we would like to hear from you. Please contact Tina Q. Yang at (647) 261-4486 or by email at reception@waddellphillips.ca

For inquiries relating to birth alerts in other provinces, please contact the firm listed below:

British Columbia and Alberta

Sharon Wong (Camp Fiorante Matthews Mogerman LLP), Paralegal at (604) 689-7555 or by email at swong@cfmlawyers.ca

Saskatchewan and Manitoba

Alisa Lombard (Semaganis Worme Lombard) at (306) 664-7175 or by email at alombard@swllegal.ca

Quebec

Mélissa Bazin (Belleau Lapointe, s.e.n.c.r.l.) at (514) 987-6700 or by email at info@belleaulapointe.com

Maritimes

TJ Burke, Q.C. (The Burke Law Group) at (506) 449-1200 or by email at admin@burkelaw.ca

Case Overview

This proposed class action is brought against the Province of Ontario (Ministry of Children and Youth Services) and the provincial Children’s Aid Societies regarding their establishment and operation of a system known as “birth alerts” or “hospital alerts” (the “Birth Alerts Scheme”).

Birth alerts are notifications issued to medical service providers regarding pregnant persons. The medical service providers are informed that they are required to provide a subject pregnant person’s personal information to child protection authorities, including when they go into labour and deliver their infants.

Birth alerts are, and were, issued based on speculative child protection concerns, often grounded in discriminatory assumptions regarding which individuals are likely to be neglectful or abusive parents.

The action alleges that, by establishing and operating the Birth Alerts Scheme in Ontario, the defendants breached subject pregnant persons’ fundamental constitutional rights, including their right to liberty and security of the person, and their right to equality. The action also alleges that the defendants breached subject pregnant persons’ quasi-constitutional right to privacy regarding intensely personal matters of medical care and childbirth.

This action is brought on behalf of all persons who were, while pregnant, the subject of a birth alert issued in Ontario. This includes any person who has been subject to a birth alert issued in Ontario to date.

The proposed action is part of a co-ordinated national litigation effort, with additional provincial class proceedings filed or to be filed by members of our counsel group across Canada. Waddell Phillips Professional Corporation will be acting as counsel for the proposed class action in Ontario.

Have you been the subject of a birth alert in Ontario?

If you believe that you or someone you know was the subject of a birth alert in Ontario, we would like to hear from you. Please contact Tina Q. Yang at (647) 261-4486 or by email at reception@waddellphillips.ca

For inquiries relating to birth alerts in other provinces, please contact the firm listed below:

British Columbia and Alberta

Sharon Wong (Camp Fiorante Matthews Mogerman LLP), Paralegal at (604) 689-7555 or by email at swong@cfmlawyers.ca

Saskatchewan and Manitoba

Alisa Lombard (Semaganis Worme Lombard) at (306) 664-7175 or by email at alombard@swllegal.ca

Quebec

Mélissa Bazin (Belleau Lapointe, s.e.n.c.r.l.) at (514) 987-6700 or by email at info@belleaulapointe.com

Maritimes

TJ Burke, Q.C. (The Burke Law Group) at (506) 449-1200 or by email at admin@burkelaw.ca

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