FAQ

It’s Your Right to Know the Facts.

As a survivor of the Sixties Scoop, you deserve to know the facts about the proposed national settlement. We’re cutting through the rumours, confusion, and misinformation to give you accurate information about your rights so you can make informed decisions.

If you can’t find what you’re looking for below or have additional questions, please connect with Collectiva – the official source of information for the National Settlement. Their help is free!  Phone: 1-844-287-4270, email: sixtiesscoop@collectiva.ca, website: https://sixtiesscoopsettlement.info

Click below to jump to a question.

 


What is the proposed settlement?

On October 6, 2017, the Canadian Government announced that it has reached a pan-Canadian settlement with the survivors of the Sixties Scoop. The agreement will include restitution for people who lost their cultural identities after being removed from their families and communities and placed with non-Indigenous foster and adoptive families. Under the proposed settlement, the government will pay up to $750 million to individual claimants (total) and provide $50 million to start a healing foundation for all survivors.

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Am I eligible?

If you are a status “Indian” (per the Indian Act) or “Inuit” who was removed from your home (either on or off reserve) between 1951-1991, and you suffered the loss of your cultural identity as a result – than you are eligible to be a claimant.

If you feel uncertain about whether you are eligible or just want some guidance, these law firms below can help you for free:

Ontario
Jeffery Wilson, Wilson Christen LLP and Morris Cooper (Toronto, Ontario)
1-866-360-5952 ext. 217

Saskatchewan and Alberta
Tony Merchant, Merchant Law Group LLP
1-888-567-7777

British Columbia
David Klein
604-714-2070

Manitoba
Celeste Poltak, Koski Minsky
Manitoba action: 1-844-819-8527
Saskatchewan action: 1-855-595-2621

Other Provinces and Territories
If you live outside of the above provinces, you can contact any of the lawyers listed above.

Please note: You may contact any of the above lawyers if you experience difficulty reaching the lawyer closest to you. The case is a national and all of these law firms are available to answer questions for anyone in Canada, and will do so free of charge.

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What do I have to do to be in the claim?

If the Settlement is approved following the Hearings, there will be a 9-month period during which all eligible claimants can apply for compensation.  All eligible claimants will need to fill out a simple form, which will be available at: https://sixtiesscoopsettlement.info.

IMPORTANTEven if you already registered or filed an information form with the law offices of Wilson Christen LLP, or any other lawyer, you must still fill out a claimant form to receive compensation if the Settlement is approved.

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What if I need help finding my records?

If you do not have records proving your status as an Indigenous adopted person or permanent ward, do not worry.  You will be able to indicate on your claimant form that you do not have these records and then the settlement administrator (Collectiva) will call on the federal and provincial governments to locate them for you.  It is the government’s responsibility to locate your substantiating records, not yours.

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Do I have to pay a lawyer to be assessed or be included?

NO!

There are four law firms (paid by the government) to help you.  You can reach out to any one of these firms for free support.

Ontario
Jeffery Wilson, Wilson Christen LLP and Morris Cooper (Toronto, Ontario)
1-866-360-5952 ext. 217

Saskatchewan and Alberta
Tony Merchant, Merchant Law Group LLP
1-888-567-7777

British Columbia
David Klein
604-714-2070

Manitoba
Celeste Poltak, Koski Minsky
Manitoba action: 1-844-819-8527
Saskatchewan action: 1-855-595-2621

Other Provinces and Territories
If you live outside of the above provinces, you can contact any of the lawyers listed above.

Please note: You may contact any of the above lawyers if you experience difficulty reaching the lawyer closest to you. The case is a national and all of these law firms are available to answer questions for anyone in Canada, and will do so free of charge.

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How much money am I eligible to receive?

You would get nothing less than $25,000 and, more likely, as much as $50,000. This is a little complicated, because it depends on how many claimants actually come forward. But based on the best evidence, we expect claimants are likely to receive $50,000 each.

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Is that a fair amount?

We know that justice is imperfect and that $50,000 does not make up for the harm and suffering you have experienced.  No amount of money ever could. According to our legal experts, it is very likely more than could have been won in court. More importantly, the proposed settlement includes $50 million to set up a “healing foundation” – which will provide ongoing help to all Sixties Scoop survivors long into the future.  In the words of Chief Marcia Brown Martell, the foundation will help ensure “this never ever happens again.”

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When will the money be available?

Because the amount each person will receive depends upon the number of approved claimants, no individual can be paid until the precise number of approved claimants is known. The settlement allows for a full year to make sure all claimants are able to apply.  Payments should be received before the end of 2019.

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What is the “healing foundation” and who will it benefit?

The goal behind the healing foundation is to provide culturally appropriate help and support to all survivors of the Sixties Scoop and their families and to ensure that, going forward, no Canadian child ever experiences the pain endured by survivors of cultural identity loss.

The foundation, once it is established, will be run autonomously by an Indigenous Board of Directors and an Indigenous executive director.  It is still in the early stages of being set up by a working committee, which includes three First Nations’ representative plaintiffs, two representative plaintiff lawyers, and two government officials.

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If I join the claim, will I lose the right to sue for psychological, sexual, or physical abuse?

NO!

Nothing in the settlement interferes with the right of any person to sue a provincial authority for psychological or physical abuse experienced as a result of the 60’s Scoop. A provincial authority includes a superintendent of child welfare, a children’s aid society, any provincial government Ministry or Director of Child Welfare.

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What about the rights of Metis people?

Nothing in the settlement interferes with the right of Métis people to sue a provincial government or Canada for their experience arising from the Sixties Scoop.

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What if I want to object the proposed settlement?

The only people entitled to object at the May 29th, 2018 Settlement hearing in Toronto are class members in the Brown v Canada action who filed a written objection with Collectiva before April 30, 2018.

A class member is defined as:

Indian children who were taken from their homes on reserves in Ontario between December 1, 1965 and December 31, 1984 and were placed in the care of non-aboriginal foster or adoptive parents who did not raise the children in accordance with the aboriginal person’s customs, traditions, and practices.

 If you are not a class member of the Brown v Canada Ontario class action, and you wish to object, you must do so on May 10th, 2018.  You can do this either in person, at the Federal Court in Saskatoon (520 Spadina Crescent E, Saskatoon, SK S7K 3G7) or via video-conference at one of the Federal Court locations listed below.

Please note, if you already submitted an objection in writing to Collectiva by the April 30th deadline, you do not need to appear in court or by video-conference. Your objection will be considered.

Video-Conference Locations:

Edmonton 
10060 Jasper Avenue
Tower 1
Edmonton, Alberta T5J 3R8

Calgary 
635 Eighth Avenue S.W.
Calgary, Alberta T2P 3M3

Vancouver 
700 W Georgia St
Vancouver, BC V7Y 1K8

Winnipeg 
363 Broadway
Winnipeg, Manitoba R3C 3N9

St John’s 
354 Water Street
St. John’s, NL  A1C 1C

Fredericton
82 Westmorland Street
Fredericton, New Brunswick E3B 3L3

Halifax 
1815 Upper Water Street
Halifax, Nova Scotia B3J 1S7

Ottawa
90 Sparks Street
Ottawa, Ontario K1A 0H9

Toronto
180 Queen Street West
Toronto, Ontario M5V 3L6

Montréal 
30 McGill Street
Montréal, Québec H2Y 3Z7

Québec 
150 René-Lévesque Boulevard East
Québec, Québec G1R 2B2

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Who is Collectiva?

Collectiva is the organization responsible for administering all the claims and objections in this case for all claimants across the country.  They will give you information about how to register for the claim, or how to object to the proposed agreement, for free.  You can call and leave a message (someone will call you back quickly): 1-(844)-287-4270 or you can email them: sixtiesscoop@collectiva.ca.

You can also reach out to one of these four legal teams listed below for free support, if you have questions:

Ontario
Jeffery Wilson, Wilson Christen LLP and Morris Cooper (Toronto, Ontario)
1-866-360-5952 ext. 217

Saskatchewan and Alberta
Tony Merchant, Merchant Law Group LLP
1-888-567-7777

British Columbia
David Klein
604-714-2070

Manitoba
Celeste Poltak, Koski Minsky
Manitoba action: 1-844-819-8527
Saskatchewan action: 1-855-595-2621

Other Provinces and Territories
If you live outside of the above provinces, you can contact any of the lawyers listed above.

Please note: You may contact any of the above lawyers if you experience difficulty reaching the lawyer closest to you. The case is a national and all of these law firms are available to answer questions for anyone in Canada, and will do so free of charge.

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Does objecting to the settlement impact my ability to get compensation?

No. It is your right to object to any part of the settlement and you can do so and still receive compensation if the settlement is approved.

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What if I still have questions?

If you can’t find what you’re looking for or have additional questions, please connect with Collectiva – the official source of information for the National Settlement. Their help is free!  Phone: 1-844-287-4270, email: sixtiesscoop@collectiva.ca, website: https://sixtiesscoopsettlement.info


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