About the Ontario Sixties Scoop Claim
The Ontario Sixties Scoop Claim (www.sixtiesscoopclaim.com) is the only certified class action case by Sixties Scoop survivors against the Federal Government. It is about an agreement between Canada and Ontario that resulted in a lost generation of Indian children.
The children were “lost” because they lost their cultural identity, family, extended family, community, language, spirituality, traditions and customs of their First Nations’ communities. Canada turned a blind eye to the protection of the identity of the Indian child when it entered into an agreement leaving these children to be dealt with under Ontario child protection and adoption laws without regard to their cultural identity.
The Journey to the Proposed National Settlement
In February 2017, following a nearly 10-year legal battle, the court found the Federal Government liable for harm in its failure to consult with First Nations leading to the loss of cultural identity for Sixties Scoop survivors.
Following the court’s decision, the Government of Canada opened the door for national settlement discussions with Ontario’s lead plaintiff and lead plaintiffs in other provinces with pending cases.
There were two key reasons to pursue a national settlement over another trial for compensation:
(1) If the case went to trial, the only survivors who could receive compensation would be those narrowly defined by the Ontario class. This would exclude, for example, survivors taken from other provinces, survivors taken from off-reserve, and survivors who became wards of the state. The settlement offered the opportunity to significantly expand the number of survivors across the country who could benefit.
(2) The settlement offered the opportunity of establishing a national Healing Foundation for Sixties Scoop survivors – a source of enduring and ongoing support for survivors and their families long into the future. A trial could not have established this outcome.
In October 2017, the Government of Canada announced a proposed national settlement that expanded the group of people who could benefit far beyond the original Ontario class. It also included $50 million to establish a Healing Foundation for all survivors.
On May 11th, following two days of hearings in Saskatoon, the Federal court approved the settlement in principle. One condition of that approval is that the settlement is also approved by the court in Toronto following a second set of hearings on May 29/30 (2018).
What Happens Next?
If the settlement is approved following the Toronto hearings on May 29/30, eligible claimants will be able to claim compensation by filling out a simple form, which will be available on the Collectiva website: https://sixtiesscoopsettlement.info.
IMPORTANT NOTE: Even if you filled out an Ontario Claimant form (formerly available on this website) you will still need to fill out the form on Collectiva’s site to claim your compensation.
Questions? Check out our FAQ.