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IndigenousCourts countrywide are grappling with the complex question of whether federal and provincial governments can be sued for the stark overrepresentation of Indigenous children in the off-reserve child welfare system, delivering dizzyingly mixed results. Ontario court decision's statements on child welfare system called 'highly problematic'Brett Forester · CBC News · Posted: Oct 02, 2026 2:17 PM EDT | Last Updated: October 2Listen to this articleEstimated 5 minutesThe audio version of this article is generated by AI-based technology. Mispronunciations can occur. We are working with our partners to continually review and improve the results. The Supreme Court of Canada in Ottawa. (Benoit Roussel/Radio-Canada)No one disputes it: the statistics are stark. About eight per cent of the kids in Canada are Indigenous, yet more than half of the children in Canada's child welfare system are Indigenous. But can federal and provincial governments be sued for the overrepresentation of Indigenous kids in the off-reserve child welfare system? That's the dispute now unfolding in courts countrywide — with mixed results.