Question Period Note: Sixties Scoop

• 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.

On March 27, 2020 the Federal Court issued an order amending the settlement agreement to allow Canada to transfer $500M in compensation to the administrator. The Court further amended the settlement by allowing payments to be made to survivors once the approximately 4,767 applications have been fully and finally rejected. This will ensure that all class members received a minimum of $25,000. The original terms of the settlement required all claims to be processed before Canada could transfer compensation to the administrator and payments could be made to applicants with valid claims.

Due to COVID-19 consideration is being given to seeking direction from the Federal Court to issue partial payments to applications with a valid claim immediately.

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.

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.

Settlement Implementation during Covid-19
• We want to make sure that those impacted and who are part of this class receive their settlement payment.
• Canada has transferred $500M to the administrator for individuals compensation to help ensure timely payments once the process resumes
• The Court has allowed payments to be made to survivors as soon as it will be certain that the minimum compensation will be $25,000 .
• However, as a result of COVID-19, timelines to respond to incomplete applications have been suspended and validation of applications have been delayed.
• Regrettably, this has resulted in a delay in survivors receiving compensation.

If pressed on Interim Payments
• Canada is committed to ensuring that Sixties Scoop survivors receive compensation expeditiously.
• COVID19 has meant that timelines to respond to incomplete applications have been suspended and validation of applications have been delayed – resulting in delays in survivors receiving compensation.
• We are working collaboratively with class counsel and the administrator to ensure that the administrator is prepared to restart the claims process on an expedited basis when safe.
• Given the exceptional circumstances created by COVID-19, consideration is also being given to seeking direction from the Federal Court to issue partial payments to applications with a valid claim immediately.