Chief Marcia Brown Martel (right) Sixties Scoop survivors and Crown-Indigenous Relations and Northern Affairs Minister Carolyn Bennett (left) - Adrian Wyld / The Canadian Press via AP
According to the Ontario Superior Court and the Federal Court of Canada, the courts have approved a settlement “between representatives of certain survivors of the Sixties Scoop and the Federal Government of Canada, that provides compensation for loss of cultural identity to certain survivors of the Sixties Scoop.”
In October of 2017, Canada reached a $635 million settlement with the First Nations victims of the “Sixties Scoop,” a program that gained its nickname when child welfare agencies removed thousands of indigenous children from their communities — primarily in the 60’s — and placed them with foster families or adopting families all over the world.
After years of fighting the Canadian federal government, Lead claimant Chief Marcia Brown Martel has won the case awarding the payout of $800 million Canadian / $635 million American to about 20,000 victims.
In a release, by PRNewswire and according to the class action firm Koskie Minsky LLP, “this lawsuit argues that Indian children who were victims of the Sixties Scoop lost their cultural identity and, as a result, suffered psychologically, emotionally, spiritually and physically. They were also deprived of their status, their aboriginal and treaty rights and monetary benefits to which they were entitled pursuant to the Indian Act, RSC 1985, c I5 and related legislation and policies.”
“The representatives of certain survivors of the Sixties Scoop and Canada have agreed to a settlement. By agreeing to the settlement, the parties avoid the costs and uncertainty of a trial and delays in obtaining judgment, and certain survivors of the Sixties Scoop receive the benefits described in the settlement agreement. By settling this class action, the representatives of certain survivors of the Sixties Scoop and Canada have also been able to create a Foundation to enable change and reconciliation.”
In addition to the announcement of the settlement, the class action site and release include a list of resources for victims to file claims for monetary compensations. The notice was approved by the Federal Court and the Ontario Superior Court.
Questions to answers by claimants are listed as follows:
HOW DO I GET THIS MONEY?
To make a claim for money, you must fill in a Claim Form and send it to the claims office. Copies of the Claim Form are available here:sixtiesscoopsettlement.info.
HOW MUCH MONEY WILL I GET?
Your payment will depend on how many Eligible Class Members submit claims in the settlement. The details are explained in the settlement agreement. The range of compensation will likely be $25,000 – $50,000. A copy of the settlement agreement is available here: sixtiesscoopsettlement.info.
WHAT IF I WANT TO EXCLUDE MYSELF FROM THE SETTLEMENT?
If you want to exclude yourself from the settlement, you must opt out of the class action by October 31, 2018. If you opt out, you will not be entitled to any benefits or compensation for the settlement and your claim against Canada in respect of the Sixties Scoop will not be released. A copy of the Opt Out Form is available at sixtiesscoopsettlement.info.
If you have commenced a legal proceeding against Canada relating to the Sixties Scoop and you do not discontinue it on or before October 31, 2018, you will be deemed to have opted out of the settlement.
WANT MORE INFORMATION?
Visit sixtiesscoopsettlement.info, call 1-(844)-287-4270, or email sixtiesscoop@collectiva.ca.
DO YOU KNOW ANY OTHER SURVIVORS OF THE SIXTIES SCOOP?
Please share this information with them.
