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Federal Court “Sixties Scoop” Class Action
Koskie Minsky LLP commenced a class action against the Attorney General of Canada in the Federal Court of Canada on behalf of individuals affected by the “Sixties Scoop” in Canada.
The term “Sixties Scoop” refers to the practice in Canada whereby Aboriginal children were taken (“scooped up”) from their families for placing in foster homes or adoption with non-Aboriginal homes. As a result, it is alleged these “scooped” children lost their identity as Aboriginal persons and suffered mentally, emotionally, spiritually, and physically. The plaintiff also claims, among other things, that she and class members were deprived of their status and other Aboriginal-related benefits, which Canada unjustly retained. Aboriginal communities describe the Sixties Scoop as destructive to their culture.
For further information or if you are a class member:
Phone: 416-581-1528
Email: contactus@kmlaw.ca
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Latest Developments
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October 31, 2018
The opt out period has now expired.
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October 1, 2018
Certain class members have sought leave to appeal the order approving the settlement. The settlement cannot be implemented until the order approving it is final.
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August 10, 2018
Please click here to obtain a Claim Form. You must then submit it to the Claims Administrator no later than August 30, 2019 either
(a) by filling out and submitting the electronic version of this form which can be found on the administrator’s website at the following address www.sixtiesscoopsettlement.info/ClaimForm
(b) by email, fax or mail, to the following coordinates:
Sixties Scoop Class Action Administrator
c/o Collectiva Class Action Services, Inc.
1176 Bishop Street, Suite 208
Montreal, Quebec H3G 2E3
Fax: 514-287-1617
Email: sixtiesscoop@collectiva.caFor assistance with completing this form you can contact Collectiva at 1-844-287-4270 or by email at sixtiesscoop@collectiva.ca
A copy of the opt out form is available here.
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August 9, 2018
The Sixties Scoop settlement has been approved by the Ontario Superior Court and the Federal Court. More information about the settlement, including how to submit a claim, is available in the court-approved notice. A copy of the notice is available here.
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June 22, 2018
- The Ontario Superior Court Judge denied the motion for approval of the settlement in reasons for decision of June 20, 2018: Marcia Brown v. The Attorney General of Canada June 20, 2018
- The Federal Court Judge approved the motion for approval of the settlement in reasons for decision of June 21, 2018: T-2212-16 2018 FC 641 Reasons and Order
- There is no settlement without both Courts approving.
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May 15, 2018
The settlement has been approved by the Federal Court. There is also a hearing to approve the settlement before the Ontario Superior Court of Justice on May 29 and 30, 2018. For more information visit the Sixties Scoop settlement website: www. sixtiesscoopsettlement.info
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April 19, 2018
Copies of the plaintiffs’ motion record, brief, and book of authorities for the motion for settlement approval in the Federal Court are available here.
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February 22, 2018
A settlement agreement has now been reached. For more information and to view a copy of the settlement, visit the Sixties Scoop settlement website https://www.sixtiesscoopsettlement.info/.
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October 5, 2017
Koskie Minsky LLP in Toronto announces that survivors of the Sixties Scoop have entered into a pan-Canadian settlement with the Government of Canada. The settlement between Sixties Scoop survivors and Canada will create a foundation funded by Canada to enable change and reconciliation, access to education, healing and wellness, and to commemorate activities for communities and individuals. The foundation will be funded with at least $50 million dollars. The settlement will also provide compensation to all “Indians” (as defined in the Indian Act as those registered or entitled to be registered as Indian) and “Inuit” persons who were removed from their homes in Canada from 1951 to 1991 and placed in the care of non-Indigenous foster or adoptive parents. The settlement provides that Canada will pay at minimum $500 million and at maximum $750 million to qualified claimants.
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June 29, 2017
A carriage motion has been scheduled in this matter for October 17-18, 2017 in Vancouver before Justice Manson.
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April 24, 2017
Following a case conference on April 21, 2017, today Justice Manson, as case management judge, issued a direction for a future carriage motion in this matter. No hearing date has been set yet, but counsel for the plaintiff in White v. Canada has been ordered to serve and file its notice of motion for carriage and supporting affidavits by May 26, 2017. Responding affidavits will be due by June 20, 2017. The parties will then seek to reconvene with Justice Manson by June 30, 2017 to discuss next steps in the carriage motion schedule.
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March 2, 2017
The Plaintiff issued the Statement of Claim today in Federal Court. A copy can be found here.
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October 31, 2018
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Documents
- March 1, 2017 Statement of Claim to the Defendant
- April 19, 2018 Memorandum of Fact and Law (Plaintiffs)
- April 19, 2018 Motion Record Vol 1 of 6
- April 19, 2018 Motion Record Vol 2 of 6
- April 19, 2018 Motion Record Vol 3 of 6
- April 19, 2018 Motion Record Vol 4 of 6
- April 19, 2018 Motion Record Vol 5 of 6
- April 19, 2018 Motion Record Vol 6 of 6
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
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Contacts
Phone: 416-581-1528
Email: contactus@kmlaw.ca
