Question Period Note: Sixties Scoop
About
- Reference number:
- CIR-2019-20007
- Date received:
- Dec 13, 2019
- Organization:
- Crown-Indigenous Relations and Northern Affairs Canada
- Name of Minister:
- Bennett, Carolyn (Hon.)
- Title of Minister:
- Minister of Crown-Indigenous Relations
Suggested Response:
The Sixties Scoop is a dark and painful chapter in our history.
The Court has approved the settlement agreement and the process has begun to compensate survivors.
Survivors also identified their desire to reconnect with their communities and that is why the settlement includes a $50-million Foundation for healing, commemoration, education, language and culture.
We know that there are other claims that remain unresolved, and we are working to address the remaining harm suffered by other Indigenous children as a result of the Sixties Scoop.
Background:
Following a series of negotiations presided over by Federal Court Justice Michel M.J. Shore, the parties reached an Agreement-in-Principle on August 30, 2017. The proposed agreement was finalized and signed by the parties on November 30, 2017.
The Sixties Scoop settlement agreement includes:
- $500-$750 million for individual compensation for Status Indian and Inuit survivors.
- Up to $50 million to establish a foundation – in collaboration with Indigenous communities and individuals – to support and provide access to education, healing and wellness, and commemoration activities for communities and individuals.
- Up to $75.0 million for legal fees.
- Third party administration costs.
In May 2018, the Federal Court of Canada approved the settlement as fair, reasonable, and in the best interest of the parties. The Federal Court also approved $37.5 million in legal fees for plaintiffs’ counsel who appeared in Federal Court. In June 2018, the Ontario Superior Court of Justice approved the settlement agreement, with the exception of legal fees. In order to address the issues of legal fees in the Ontario Superior Court of Justice, the parties in both the Ontario and Federal Court actions signed an amendment to the settlement to clarify that the courts only had jurisdiction to approve the legal fees of counsel appearing before them. Subsequently, the Federal Court approved the settlement on July 27, 2019 and the Ontario Court of Justice on August 3, 2018. Legal fees were approved by the Ontario court on November 15, 2018.
December 1, 2018 marked the implementation of the settlement with the opening of the claims process, payment to the Sixties Scoop Healing Foundation and legal fees. Compensation for valid claims will be made in January 2020.
Collectiva and its First Nations partners offered 55 information sessions across the country to support class members through the claims process.
Métis Litigation
Since the announcement of the settlement agreement, several new claims seeking compensation for Métis peoples impacted by the Sixties Scoop have been filed. The Department and the Métis National Council continue to share information and discuss options that could inform a future settlement of this litigation.
Additional Information:
Métis/ Non-Status not included
We now have a settlement for Status First Nations and Inuit which represents a significant first step in resolving this historic injustice.
We know that there are other claims that remain unresolved, including those of the Métis and non-status.
Canada is working with our partners toward a fair and lasting resolution for all those affected by this dark chapter in Canadian history.
Sixties Scoop - Reconciliation
Reconciliation is not only an Indigenous issue – it is a Canadian imperative and one that involves all of us.
We are working to address the harm suffered by all Indigenous children as a result of the Sixties Scoop.
This includes providing fair compensation as well as creating a foundation to help support healing, wellness, commemoration, education and Indigenous languages and cultures.
Our government is committed to ensuring those affected by the Sixties Scoop have what they need to heal.
Settlement Implementation
Class members were notified of the terms of the settlement through a national notice plan.
Since December 2018, the third party administrator and First Nations partners travelled across Canada to provide support and guidance to class members in preparing their claims forms.
Class members were not required to provide documentation confirming they were adopted, became Crown wards or were in long term care during the class period.
The application period for compensation was agreed to by class counsel and Canada and approved by two courts.