Tag Archives: 60s Scoop

’60s Scoop Group Educates Survivors, Pushes Rejection of Federal Settlement Deal

Colleen Cardinal, network coordinator of the National Indigenous Survivors of Child Welfare Network, speaks during a news conference in Ottawa, Feb. 2, 2018. CP/Fred Chartrand

Dozens of people gathered in an Ottawa community centre Monday to learn more about the federal government’s proposed multimillion-dollar settlement for survivors of the ’60s Scoop — and why they should reject it.

The National Indigenous Survivors of Child Welfare Network arranged the information session to scrutinize the $800-million deal, which was announced last October but has yet to receive court approval.

“There are so many things that are wrong with this,” network co-founded Colleen Cardinal told the gathering, made up in part of survivors and supporters.

“It’s really important that this information gets out there, by survivors for survivors,” she said. “The federal government is not going to make sure that every survivor knows what their rights are. Our mission is to get out there and let people know what is happening.”

The ’60s Scoop saw thousands of Indigenous children taken from their homes by the federal government and placed with non-Indigenous adoptive and foster families across the country starting around the 1950s.

The government’s compensation proposal includes $50 million for an Indigenous Healing Foundation.

Cardinal denounced the deal, saying the federal government should have first asked survivors what they wanted.

“They don’t even know how many survivors there are,” Cardinal said, disputing the estimated $20,000 to $50,000 payment per person.

Cardinal also criticized the settlement for excluding survivors who are Metis and non-status Indians.

The office of Crown-Indigenous Relations Minister Carolyn Bennett has said the proposed settlement is a first step and the government is committed to using negotiation to resolve any ongoing litigation.

“We know that there are other claims that remain unresolved, including those of the Metis and non-status,” she said a statement from her office.

An Ontario Superior Court judge will hear arguments in Saskatoon and Toronto in May on whether the proposal should be approved.

If the settlement is allowed to proceed, the network will push for at least 2,000 survivors to opt out in an effort to void the deal.

But the government could still push ahead regardless of how many people say they don’t want to be part of the settlement, lawyer Brian Meronek told the gathering.

There is also no guarantee that provinces won’t revoke income assistance payments if someone becomes ineligible after receiving a settlement payout, said Meronek, who represents a group in Manitoba that opposes the settlement.

Cardinal and other organizers have warned survivors to be wary after hearing reports of some lawyers offering to help navigate the settlement in exchange for exploitative contingency fees.

The network is a survivor-led organization based in Ottawa founded in 2014 that offers information and support for survivors. The group has 300 members, and Cardinal said it reaches thousands more online, through its toll-free number and via presentations and gatherings.

The network is also involved in two research projects, the first by Raven Sinclair at the University of Regina about the experience of the ’60s Scoop survivors, using interviews and archival research.

The second is a geographic information system that maps the diaspora of survivors, including their origins and where they were placed.

The Canadian Press, Feb 19, 2018

[SOURCE]

Reader Submission 

Government to Announce Payout of $800M to Indigenous Victims of ’60s Scoop

Government to announce payout of $800M to Indigenous victims of ’60s Scoop

Sources say the agreement includes a payout of between $25,000 and $50,000 for each claimant.

The federal government has agreed to pay hundreds of millions of dollars to survivors of the ‘60s Scoop for the harm suffered by Indigenous children who were robbed of their cultural identities by being placed with non-native families, The Canadian Press has learned.

The national settlement with an estimated 20,000 victims, to be announced Friday by Crown-Indigenous Relations Minister Carolyn Bennett, is aimed at resolving numerous related lawsuits, most notable among them a successful class action in Ontario.

Confidential details of the agreement include a payout of between $25,000 and $50,000 for each claimant, to a maximum of $750 million, sources said.

In addition, sources familiar with the deal said the government would set aside a further $50 million for a new Indigenous Healing Foundation, a key demand of the representative plaintiff in Ontario, Marcia Brown Martel.

Spokespeople for both Bennett and the plaintiffs would only confirm an announcement was pending Friday, but refused to elaborate.

“The (parties) have agreed to work towards a comprehensive resolution and discussions are in progress,” Bennett’s office said in a statement on Thursday. “As the negotiations are ongoing and confidential, we cannot provide further information at this time.”

The sources said the government has also agreed to pay the plaintiffs’ legal fees — estimated at about $75 million — separately, meaning the full amount of the settlement will go to the victims and the healing centre, to be established in the coming months, sources said.

The settlement would be worth at least $800 million and include Inuit victims, the sources said. The final amount is less than the $1.3 billion Brown Martel had sought for victims of the Ontario Scoop in which at-risk on-reserve Indigenous children were placed in non-Aboriginal homes from 1965 to 1984 under terms of a federal-provincial agreement.

In an unprecedented class action begun in 2009, Brown Martel, chief of the Beaverhouse First Nation, maintained the government had been negligent in protecting her and about 16,000 other on-reserve children from the lasting harm they suffered from being alienated from their heritage.

Brown Martel, a member of the Temagami First Nation near Kirkland Lake, Ont., was taken by child welfare officials and adopted by a non-native family. She later discovered the Canadian government had declared her original identity dead.

Her lawsuit, among some 17 others in Canada, is the only one to have been certified as a class action. Her suit sparked more than eight years of litigation in which the government fought tooth and nail against the claim.

However, in February, Ontario Superior Court Justice Edward Belobaba sided with Brown Martel, finding the government liable for the harm the ‘60s Scoop caused. Belobaba was firm in rejecting the government’s arguments that the 1960s were different times and that it had acted with good intentions in line with prevailing standards.

While Bennett said at the time she would not appeal the ruling and hoped for a negotiated settlement with all affected Indigenous children, federal lawyers appeared to be trying to get around Belobaba’s ruling. Among other things, they attempted to argue individuals would have to prove damages on a case-by-case basis.

A court hearing to determine damages in the Ontario action, scheduled for three days next week, has been scrapped in light of the negotiated resolution, which took place under Federal Court Judge Michel Shore.

One source said some aspects of the many claims might still have to be settled but called Friday’s announcement a “significant” step toward resolving the ‘60s Scoop issue — part of the Liberal government’s promise under Prime Minister Justin Trudeau to make reconciliation with Canada’s Indigenous people a priority.

Jeffery Wilson, one of Brown Martel’s lawyers, has previously said the class action was the first anywhere to recognize the importance of a person’s cultural heritage and the individual harm caused when it is lost.

The Canadian Press

[SOURCE]

Aboriginals Rally At ’60s Scoop Courthouse As Class Action Hearing Begins

Sixties Scoop survivors and supporters gather for a demonstration at a Toronto courthouse on Tuesday, August 23, 2016. Scores of aboriginals from across Ontario rallied in Toronto today ahead of a landmark court hearing on the so-called ’60s Scoop. THE CANADIAN PRESS/Michelle Siu

Sixties Scoop survivors and supporters gather for a demonstration at a Toronto courthouse on Tuesday, August 23, 2016. Scores of aboriginals from across Ontario rallied in Toronto today ahead of a landmark court hearing on the so-called ’60s Scoop. THE CANADIAN PRESS/Michelle Siu

A $1.3-billion class action argues Canada failed to protect children’s cultural heritage, with devastating consequences

Colin Perkel, The Canadian Press, August 23, 2016

TORONTO – Scores of aboriginals from across Ontario rallied Tuesday ahead of a landmark court hearing on whether the Canadian government robbed them of their cultural identities during a two-decade period in which native children were taken from their homes and placed with non-native families.

Some, who travelled for as long as two days to attend, listened as speakers denounced the ’60s Scoop and what they called the “cultural genocide” perpetrated by the government against indigenous people. Speakers called the practice a deliberate effort to assimilate aboriginal children.

“I just want to say to Canada: We will not allow the harm of our children. We need to bring our children home, the ones that were lost, the one’s that were stolen,” lead plaintiff Marcia Brown Martel told the crowd.

“(It’s) such a harm and injustice as a human being to have our children taken from us.”

Martel, a member of the Temagami First Nation near Kirkland Lake, Ont., was one of an estimated 16,000 aboriginal children who ended up in non-native homes. She later discovered the Canadian government had declared her original identity dead.

The ’60s Scoop depended on a federal-provincial arrangement that operated from December 1965 to December 1984. The $1.3-billion class action argues that Canada failed to protect the children’s cultural heritage, with devastating consequences to victims.

“Treaties do not give you permission to take our children,” Regional Chief Isadore Day said.

Following the rally, the crowd marched behind traditional drummers to the nearby courthouse, where they filled the courtroom, to listen as their lawyer, Jeffery Wilson, called on Superior Court Justice Edward Belobaba to decide the case, which began in early 2009, based on the evidence he already has.

The unproven claim – it seeks $85,000 for each affected person – alleges the children suffered emotional, psychological and spiritual harm due to the devastating loss of a cultural identity that Canada negligently failed to protect.

The ’60s Scoop, which occurred without any consultation with Indian bands, may have been part of the government’s hidden agenda to “remove the savage Indian from the child,” Wilson told court, but what exactly motivated the “abomination” is not clear.

By robbing the children of their First Nations identities, Wilson said, they were denied the kind of crucial cultural and language experience other Canadians take for granted. The harm is “profoundly ongoing,” he said, even if the events in question are now historical.

“A moral calamity occurred,” Wilson said.

Canada, which has tried on several occasions to have the case thrown out, argues among other things that it was acting in the best interests of the children and within the social norms of the day.

As had been previously agreed, Belobaba adjourned the hearing until Dec. 1, when the federal government will make its case – if it does not decide in the interim to try to negotiate a deal to settle out of court.

Last week, Indigenous Affairs Minister Carolyn Bennett said she would like to see that happen, a theme picked up on at the morning rally. Speakers, including New Democrat Charlie Angus, urged the Liberal government of Justin Trudeau to be on the “right side of history” and make good on his promise of a new era in Canadian-aboriginal relations.

Before court ended, Wilson cited a few words in Algonquin which he spelled out.

“Ati kati ci wepik,” he said. “We must never let this happen again.”

In an interview, Glen Hare, deputy grand council chief of the Anishinabek Nation, said he planned on doing his part to ensure it doesn’t happen again. His one regret, he said, is once having signed adoption papers for one of his band’s babies, who he believes was taken abroad.

“I will never sign another adoption, I don’t care who it is. You can lock me up first or shoot me,” Hare said. “Our kids are not for sale, that’s the bottom line.”

http://www.macleans.ca/news/aboriginals-rally-at-60s-scoop-courthouse-as-class-action-hearing-begins/

 

Premier’s ’60s Scoop’ Apology Criticized By Manitoba Métis Federation

By Red Power Media, Staff

Manitoba’s Metis Federation President says his people are being left out.

Manitoba’s Metis federation says its people are being left out of an apology — set to happen on Thursday at the legislature — for aboriginal children who were taken from their parents and adopted into white families.

The apology, thought to be the first by a Canadian province, is directed at individuals from the so-called “60s Scoop,” which many see as an extension of Indian residential schools policy.

Premier Greg Selinger said the apology, will acknowledge damage done to those taken from their homes and their culture. Manitoba was one of the provinces most affected, so it is appropriate that it be among the first to apologize, he said.

“It’s an acknowledgment that they did lose contact with their families, their language, their culture,” Selinger told The Canadian Press. “That was an important loss in their life and it needs to be acknowledged. It’s part of the healing process.”

Manitoba’s Metis Federation President David Chartrand said no one from the Manitoba government consulted with the Metis or formally invited him to the event. The Metis were left out of the residential school settlement and it feels like the same thing is happening again, he said.

David Chartrand, president of the Manitoba Metis Federation, says his people are being left out of an apology for the '60s Scoop.

David Chartrand, president of the Manitoba Metis Federation, says his people are being left out of an apology for the ’60s Scoop.

Manitoba appears to be blaming Ottawa for what is known as the ’60s Scoop when it was provincial social workers who seized aboriginal children and placed them with families as far away as the southern United States, Chartrand said.

“It’s the province that took our children. It’s the province that sold our children to the United States and other places. It’s the province that did harm to my families.”

“Clearly we’re not going to let the province get away from this.,” said Chartrand.

Paul McKie, spokesman for Selinger, said numerous aboriginal organizations have been invited to witness the apology. The Manitoba Metis Federation was invited Friday by phone, by email and formally by letter, he said.

The province, along with affected adoptees, has been working on the apology for months, he said.

“Many people, groups and organizations have been invited,” McKie said. “There were informal consultations with many people.”

An apology without a plan and proper consultation with those affected is empty, said Chartrand, who has worked with ’60s Scoop adoptees and their families for years.

“You can’t just say ‘I’m sorry’ and walk away. You did permanent damage here. You tore entire communities apart. Maybe they’re thinking if they say ‘I’m sorry’ that ends my responsibility.”

Grand Chief David Harper, with Manitoba Keewatinowi Okimakanak which represents northern First Nations, still remembers children being taken away from his community, never to be seen again. He said he will be there to witness the apology but will also be looking for more.

From the 1960s to the 1980s, thousands of aboriginal children were taken from their homes by child-welfare services and placed with non-aboriginal families. Many have filed class-action lawsuits in Saskatchewan, Manitoba and Alberta. Another class-action lawsuit in Ontario is still making its way through the courts.

Residential school survivors have had a formal apology from Ottawa and were able to speak at hearings held by the Truth and Reconciliation Commission, which released its final report. The ’60s Scoop’ adoptees have been fighting for the same recognition of their experience and a formal apology. 

Source articles:

http://www.vancouversun.com/Manitoba+apologize+aboriginals+taken+from+parents+adopted+into+white+families+Scoop/11131157/story.html

http://globalnews.ca/news/2055457/manitoba-metis-federation-president-criticizes-60s-scoop-apology/

Aboriginal adoptees suing Ottawa for “cultural genocide”

Aboriginal adoptees are suing Ottawa for what they are calling cultural genocide. File / Global News

Aboriginal adoptees are suing Ottawa for what they are calling cultural genocide.
File / Global News

The Canadian Press

WINNIPEG – Aboriginals who were adopted into white families during the so-called ’60s Scoop are suing the federal government for their loss of culture and emotional trauma.

Almost 1,200 adoptees have filed a class-action lawsuit in Saskatchewan seeking compensation from Ottawa for “cultural genocide.”

From the 1960s to the 1980s, thousands of aboriginal children were taken from their homes by child-welfare services and placed with non-aboriginal families, some in the United States. Many consider the adoptions as an extension of residential schools, which aimed to “take the Indian out of the child.”

David Chartrand, who joined the lawsuit, was taken from his Manitoba family at the age of five and moved to Minnesota.

“They wanted maids, butlers. They wanted slavery and to do it legally. We just fit that criteria,” said the 52-year-old Metis man. “I was made to clean the house, be their slave, be the punching bag.”

Chartrand said Canada had a duty to protect him and others like him. Although he returned to his home community of Camperville, Man., in his 20s, he lost everything, he said.

“I lost my life, my childhood.” he said. “We want to put it behind us so we can move on.”

The lawsuit, which was filed last month, is seeking unspecified damages for everything from loss of identity to sexual and physical abuse. Regina lawyer Tony Merchant said many of the children who were adopted weren’t in unsafe homes but were taken simply as another way to assimilate aboriginal people.

“It was a part of taking red babies and trying to make them into white adults.”

Having been raised by a white family with no cultural support, many survivors have struggled to reclaim their roots, Merchant said.

“They’ve just been lost from their culture.”

People who were part of the ’60s Scoop have been calling for a formal apology from Ottawa. They also want compensation for their experience, which many argue was just as traumatic as that suffered by residential school survivors. But while those who were sent to residential schools have had a formal apology and have been able to participate in the Truth and Reconciliation Commission, ’60s Scoop adoptees haven’t been formally recognized.

Other lawsuits have been filed on behalf of adoptees. A class-action lawsuit by some survivors in Ontario in 2009 is still making its way through the courts.

Chartrand worries any resolution to this lawsuit will come too late for many adoptees who are aging and suffering from increasing ill health. For those adoptees who ended up in prison or committed suicide, Chartrand said, any resolution comes too late.

“As an Indian, you have a spirit. That spirit has to come back home.

“It’s not about the money. It’s about these kids that are dead out there.”