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.