The opt out deadline has now expired.
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.
The settlement includes people who: (a) are registered Indians (as defined in the Indian Act) and Inuit as well as people eligible to be registered Indians; and (b) were removed from their homes in Canada between January 1, 1951 and December 31, 1991 and placed in the care of non-Indigenous foster or adoptive parents. This includes registered Indians (as defined in the Indian Act) and Inuit as well as people eligible to be registered Indians who were removed (permanent ward/foster or adopted) from their homes in Canada during this time and placed in the care of non-Indigenous foster or adoptive parents.
Justice Belobaba declined to approve the settlement agreement as proposed by the parties. Although he was content that the settlement itself was fair, reasonable and in the best interests of the class, he was not prepared to approve the lawyers’ fees. A copy of his decision is available here.
Given that both courts approve of the settlement terms which affect the class members, we are hopeful that implementation can begin soon.
The Ontario hearing has concluded. Justice Belobaba has not made a decision on whether to approve the settlement. He has asked the lawyers to provide him with further written submissions. We expect a decision within the next several weeks, though it could be a month or more before we have his decision.
Update: How to Opt Out of the National Sixties Scoop Settlement
The “opt out” period, which is the ninety (90) day period commencing on the date that the Federal Court approves the settlement, is now open. To learn more about what it means to opt-out and who can opt-out, please read below.
What Does It Mean to “Opt Out”?
“Opting out” is removing yourself from the settlement agreement. Choosing this option means that: (1) you will not be eligible for or receive compensation from the settlement; and (2) you will not be held to any order or restriction made in this class action.
If you want to commence your own lawsuit against the Government of Canada about the Sixties Scoop, you must opt out in order to do so. You will need to hire and pay for your own lawyer if you decide to pursue this option.
If you opt out, you must abide by all applicable limitation periods and you should consult a lawyer. A limitation period is a specified period during which you must commence a claim.
Who Can Opt Out?
You can only opt out if you belong to the following group:
All Indian (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 placed in the care of non-Indigenous foster or adoptive parents.
Important Exception: People Eligible Under the Ontario Class Cannot Opt Out
People eligible for the settlement under the Ontario Class cannot opt out because they have already had the opportunity to remove themselves from the class action. This class is defined as:
Indian children who were taken from their homes on reserves in Ontario between December 1, 1965 and December 31, 1984 and were placed in the care of non-aboriginal foster or adoptive parents who did not raise the children in accordance with the aboriginal person’s customs, traditions and practices.
How Do I Opt Out?
To opt out of the settlement, you must submit an “Opt Out Form” to Collectiva by August 9, 2018.
What if I Don’t Want to Opt Out and Instead Want To Be Included in the Settlement?
Once a decision is made by the court following the May 29/30 hearing in Toronto, a simple Claim Form will be available on Collectiva’s website for those who are eligible under the Settlement.
The hearing in Saskatoon before the Honourable Justice Shore of the Federal Court of Canada has concluded.
Justice Shore has approved the National Sixties Scoop settlement for all survivors other than those who are members of the certified class in Brown v Canada, the Ontario Court action that began in 2009.
The separate hearing for the Court to consider the judicial approval of the settlement for the Brown v Canada certified class members will be heard before the Ontario Superior Court on May 29th and 30th, 2018, commencing at 10:00 a.m. at Osgoode Hall 130 Queen Street West Court Room #5 Toronto.
Only members of the class in Brown v Canada, the Ontario Court action, will be heard as to objections in their separate hearing in Toronto.
Please note that the court-ordered notice concerning the process for objecting requires any member of the Brown v Canada certified class who wishes to object, to have submitted a written objection on or before April 30, 2018.
LOCATION CHANGE: The Sixties Scoop settlement hearing in Saskatoon scheduled for May 10-11, 2018 at 10:00 a.m. will now be held, at the Radisson Hotel, 405 20th Street East, Saskatoon, Saskatchewan, Michelangelo Room AB, directly across the street from the court house to ensure adequate space for the hearing.
Sixties Scoop Proposed Settlement Hearings Update – May 7, 2018
Who Can Object at the Toronto Hearings on May 29th and How?
The only people entitled to object at the May 29th, 2018 Settlement hearing in Toronto are class members in the Brown v Canada action who filed a written objection with Collectiva before April 30, 2018.
A class member is defined as:
Indian children who were taken from their homes on reserves in Ontario between December 1, 1965 and December 31, 1984 and were placed in the care of non-aboriginal foster or adoptive parents who did not raise the children in accordance with the aboriginal person’s customs, traditions, and practices.
How can I object if I am not an Ontario Class Member?
If you are not a class member of the Brown v Canada Ontario class action, and you wish to object, you must do so on May 10th, 2018. You can do this either in person, at the Radisson Hotel, 405 20th Street East, Saskatoon, Saskatchewan, Michelangelo Room AB or via video-conference at one of the Federal Court locations listed below.
If the Settlement is Approved, What Happens Next?
If the Settlement is approved following the Hearings, there will be a 9-month period during which all eligible claimants can apply for compensation. All eligible claimants will need to fill out a simple form, which will be available at: https://sixtiesscoopsettlement.info.
IMPORTANT: Even if you already registered or filed an information form with the law offices of Wilson Christen LLP, or any other lawyer, you must still fill out a claimant form to receive compensation if the Settlement is approved.
Oral submissions to the court in Toronto on May 29 and 30 will be limited to individuals in the Ontario class.
The Ontario class definition is:
- Indian children who were taken from their homes on reserves in Ontario between December 1, 1965 and December 31, 1984 and were placed in the care of non-aboriginal foster or adoptive parents who did not raise the children in accordance with the aboriginal person’s customs, traditions, and practices.
If an eligible claimant is not in the Ontario class definition, their only forum for making oral submissions is the Federal Court, either by attending in Saskatoon on May 10 and 11, 2018, or by video-conference at various federal court house locations.
|· Edmonton |
10060 Jasper Avenue
Tower 1, Suite 530
Edmonton, Alberta T5J 3R8· Calgary
635 Eighth Avenue S.W.
Calgary, Alberta T2P 3M3· Vancouver
701 West Georgia Street
Vancouver, BC V7Y 1B6· Winnipeg
Winnipeg, Manitoba R3C 3N9
|· St John’s |
354 Water Street
St. John’s, NL A1C 1C4· Fredericton
82 Westmorland Street
Fredericton, New Brunswick E3B 3L3· Halifax
1815 Upper Water Street
Halifax, Nova Scotia B3J 1S7· Ottawa
90 Sparks Street
Ottawa, Ontario K1A 0H9
|· Toronto |
180 Queen Street West
Toronto, Ontario M5V 3L6· Montréal
30 McGill Street
Montréal, Québec H2Y 3Z7· Québec
150 René-Lévesque Boulevard East
Québec, Québec G1R 2B2
The courts will hear submissions about the approval of the Proposed Settlement in Saskatoon, Saskatchewan on May 10 and 11, 2018 at 10:00 a.m. and in Toronto, Ontario on May 29 and 30, 2018 at 10:00 a.m.
After those dates, and if the Settlement is approved, the Claim Form will be made available and if you are an eligible class member, you will be able to complete and submit it online or print a copy, complete it and forward it to our office. Claim forms will be available on this website (www.sixtiesscoopsettlement.info) or by calling 1-(844)-287-4270 after the proposed settlement is approved by the courts.
We will provide updates on this page following the court hearings at the end of May. Please rest assured that we will do our best to help you with your claim in due course and this, at no cost to you.