MEDIA ADVISORY Sixties Scoop Survivors to Canada and Law Firms: Renegotiate National Settlement Fees Now, Give Back Remaining Funds to Survivors! (Ottawa/Unceded Algonquin Territory – June 25, 2018) – The National Indigenous Survivors of Child Welfare Network is dismayed that the Sixties Scoop settlement is […]
Tag: class action
FOR IMMEDIATE RELEASE Sixties Scoop Survivors Network Welcomes National Settlement, Demands a Quick Renegotiation of Legal Fees and a Just Settlement for Métis and Non-Status Survivors (Ottawa/Algonquin Territory – June 21, 2018) – The National Indigenous Survivors of Child Welfare Network welcomes the announcement yesterday […]
Based on what we continue to learn about the proposed settlement, we have decided it is our responsibility to ensure that all survivors have as much information as possible to make informed decisions about the settlement, to know the difference between objecting and opting out, and to know what happens if survivors decide to opt out. The Network’s role is NOT to provide legal advice or to tell you how to respond to the settlement. Instead, we wish to provide information so you are as informed as possible on how it will affect your rights.
As we now understand it, the information leading up to the settlement is as follows:
- Before beginning the Ontario class action lawsuit in 2009, the legal team at Wilson Christen LLP interviewed over 200 Ontario adoptees
- The national settlement-in-principle occurred only because Marcia Brown wanted it to be a national settlement; she did not have to do this and if she had not insisted on national inclusion, we would now be witnessing only 22 communities in Ontario discussing their compensation. Everyone else across the country would be waiting for individual provincial law suits to go through the certification process to see if their lawsuits would be heard in court
- Marcia Brown and her legal team at Wilson Christen negotiated for the settlement amount and the Foundation, as well as for the inclusion of foster and permanent wards
- Class action suits often aim for a settlement of $15 000 to $25 000 per claimant- in this settlement, they negotiated for $25 000 to $50 000 per claimant.
- Generally, class action lawyers take 40% of awards. In this settlement, they have agreed to 10%, shared among the four primary class action teams across the country
- The working group of the Foundation has demonstrated that they are committed to an Indigenous-led Foundation
- There is currently no negotiated settlement for Métis or non-status Indian survivors; although there is now a negotiating table between Canada and the Métis National Council
- The reasons for the exclusion of Métis and non-status Indians from the settlement hinges upon the wording in the 1965 Ontario/Federal child welfare agreement that only accounted for Indigenous children on reserve.
While it is a good thing that the settlement has been greatly expanded, we stand in solidarity with our Métis and non-status brothers and sisters who are not part of this settlement, and we will continue to support them fully in their work towards Métis and non-status reconciliation and settlement processes.
With respect to opting out, we believe it is important for survivors to understand that if you opt-out you waive any right to a cash payout. You can, however, launch your own lawsuit or class action against Canada.
We also believe it is very important for survivors to understand that you do NOT need to hire a lawyer or sign a legal agreement with a law firm to get your settlement payout. There will be a one-page form that will go before an adjudication board. They will access any records necessary to verify your settlement claim.
All of us have the right to object to the settlement. While opting out means you will not be part of the settlement, objecting simply means that you are giving your opinion about it. Objecting will not affect your entitlement to a cash payout.
If you want to lodge an objection, you may do so at www.sixtiesscoopsettlement.info or attend the approval hearing in Saskatoon May 10th and 11th, 2018 in Saskatoon or May 29th and 30th in Toronto, ON.
We are opening the solidarity rallies to create a voice for everyone for or against the campaign, to provide more information to survivors, and to voice our solidarity with our Métis brothers and sisters.
If you have any more questions, please contact us or contact one of the four settlement law firms:
Jeffrey Wilson, Wilson Christen LLP and Morris Cooper (Toronto, Ontario)
1-866-360-5952 ext. 217
Saskatchewan and Alberta
Tony Merchant, Merchant Law Group LLP
Celeste Poltak, Koskie Minsky LLP
Manitoba Action: 1-844-819-8527
Saskatchewan Action: 1-855-595-2621
Other Provinces or Territories
If you live outside of the above provinces, you can contact any of the lawyers listed above.
We encourage everyone to participate in the rallies and to learn more, to stand in solidarity with each other, and to support a just resolution for all Métis and non-status Sixties Scoop Survivors.
If you have any non-legal questions, please give us a call at 1-866 456 6060 or at email@example.com.
National Indigenous Survivors of Child Welfare Network
MEDIA ADVISORY: March 16th Sixties Scoop National Day of Solidarity: (January 29- Ottawa/Algonquin Territory) On March 16th, 2018, Sixties Scoop Survivors from across the country will be holding rallies as part of the first National Sixties Scoop Day of Solidarity. For more information, please contact: […]
Posted on October 10, 2017by Sixties Scoop Lawsuit We invited lead lawyer Jeffery Wilson to clarify questions being asked. We set out the Sixties Scoop Lawsuit questions and Jeffery’s answers: Question: Can I still sue the children’s aid societies and the Ontario government for the […]
National Indigenous Survivors of Child Welfare Network news conference | October 10, 2017 In response to exclusion of Métis and non-status Survivors being excluded from class action settlement. [gview file=”http://niscw.org/wp-content/uploads/2017/10/NISCW-Press-Release-Oct-10.pdf”] Please follow and like us:
MEDIA ADVISORY | Friday Oct 6 2017
Sixties Scoop Survivors to Canada: Fund Healing, Include Métis Survivors
(Ottawa, Algonquin Territory, October 6, 2017) Media Advisory.
Following Minister Carolyn Bennett’s announcement of an agreement in principle for a National Settlement for Sixties Scoop survivors today, the National Indigenous Survivors of Child Welfare Network (NISCW) is reminding Canada that it owes reparations to all survivors- including Métis – and that survivors need to be directing healing efforts.
What: Indigenous Survivors Respond to Sixties Scoop Settlement.
When: Tuesday, October 10, 10am.
Where: Charles Lynch Room, Centre Block, Parliament Hill.
Who: The National Indigenous Survivors of Child Welfare Network.
Why: As Sixties Scoop Survivors, we are the experts on healing.
Media Advisory: Network Coordinator Colleen Cardinal’s message to Canada: “Canada committed genocide against Indigenous peoples by trafficking Indigenous bodies through the colonial child welfare system during the Sixties Scoop. Canadians still benefit from our loss of land, language and culture, but this settlement is an important step towards addressing Canada’s crimes. We will continue to stand with Métis survivors in seeking justice for all Sixties Scoop Survivors. We will stand up for healing programs by and for Survivors- national gatherings, supports for restoration of culture and language, and repatriation – so that all survivors of the Sixties Scoop can come home.”
Thousands of Indigenous children were removed from their families by Canada during the Sixties Scoop. In February 2017, Ontario Sixties Scoop survivors won a landmark class action lawsuit. Justice Belobaba’s finding that Canada had breached its ‘duty of care’ by removing Indigenous children from their families and nations led to the out-of-court negotiations that culminated in the proposed settlement.
The Network is demanding that Canada fund Sixties Scoop survivor organizations and to work towards an inclusive reparations package for all survivors.
Network Director Duane Morrisseau-Beck states: “Now is our time as survivors to assess what we need to heal and move forward. All of us – First Nations, Métis, and Inuit survivors – need to be leading this process and consulted on further steps. No other National Aboriginal Organizations have been providing the support and healing work needed by survivors. Indigenous families are still affected by violence from the state. Now is the time to ensure these ties are no longer broken.”
Colleen Cardinal, Coordinator and Co-Founder, NISCW Cell: (613) 407-7057
Duane Morrisseau-Beck, Director and Co-Founder NISCW Cell: (613) 252-2226
Elaine Kicknosway, Director and Co-Founder, NISCW Cell: (613) 864-9016
Colleen Cardinal of National Indigenous Survivors of Child Welfare Network, “Money can’t buy back culture.” https://youtu.be/_cszX51H8qE Colleen Cardinal of National Indigenous Survivors of Child Welfare Network, “Money can’t buy back culture.” News and Movement Please follow and like us: