MARCH 28, 2022 - Movement Lawyering in the Caring Society Case

Professor Julia Hernandez presents preliminary research findings on the impact of movement lawyering in Caring Society v. Canada and what U.S.-based movements challenging the family regulation system might learn from it. In both the U.S. and Canada, broad critiques of the disparate involvement of indigenous families and other families of color have percolated to the forefront of national conversations around social and racial justice. The Caring Society case resulted in a landmark ruling that Canada discriminated against First Nations children and their families by under-funding children’s services.

The case is unique in that it was led by non-lawyers and involved a strong grassroots campaign featuring children. Through the lens of movement lawyering, Professor Hernandez examines the case to answer the following questions: Who has led contemporary movements for child welfare reform in Canada? What have been the challenges, successes and failures? How have lawyers supported grassroots organizing and what were the successful and unsuccessful aspects of those collaborations? How has the trajectory of movement lawyering differed from and/or been similar to parallel efforts in the U.S.?