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Sixties Scoop Métis and Non-Status Indian Class Action
Koskie Minsky LLP and Paliare Roland Rosenberg Rothstein LLP are counsel in a class action against the Attorney General of Canada on behalf of Métis and Non-Status Indian survivors of the Sixties Scoop.
On June 7, 2021, the Federal Court certified this action as a class proceeding. The Court defined the following persons as members of the class:
“All Indigenous persons, as referred to by the Supreme Court of Canada in Daniels v. Canada (Indian Affairs and Northern Development), 2016 SCC 12, at para. 6, excluding Indian persons (as defined in the Indian Act) and Inuit persons, who were removed from their homes in Canada between January 1, 1951 and December 31, 1991 and who were placed in the care of non-Indigenous foster or adoptive parents.”
Notice of certification of this class action was carried out between July 2, 2021 and November 3, 2021.
For further information, or if you are a class member, please complete the form below, call us at 1-866-778-7986, or email us at metisnonstatus60sscoopclassaction@kmlaw.ca
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Latest Developments
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February 15, 2023
With the assistance of a case management judge of the Federal Court, the parties are discussing the next steps of this case, which may include discoveries, a trial, or an alternative resolution.
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November 4, 2021
The court-ordered program for notice of certification was carried out between July 2, 2021 and November 3, 2021 and has now ended.
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July 2, 2021
The program for notice of certification has commenced. A copy of the notice of certification is available here.
To opt out of this class action, you must submit an Opt Out Form by November 3, 2021. A copy of the Opt Out Form is available here.
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June 7, 2021
The Federal Court of Canada has certified this action as a class proceeding. A copy of the Federal Court’s Reasons for Decision is attached here.
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February 15, 2023
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News Releases and Reports
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Documents
- July 2, 2021 Opt Out Form (English)
- July 2, 2021 Formulaire D'Exclusion (Franҫais)
- July 2, 2021 Long-Form Notice of Certification
- July 2, 2021 Avis Détaillé (Français)
- July 2, 2021 Short-Form Notice of Certification (English)
- July 2, 2021 Avis Simplifié (Français)
- January 12, 2021 Statement of Claim
- June 10, 2021 Certification Reasons
- June 7, 2021 Certification Order (English)
- June 7, 2021 Ordonnance D'Autorisation (Français)
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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
Tollfree: 1-866-778-7986
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