Tag: legal

NISCW Network Calls on Canada to Provide Repatriation Support and Compensate Métis and Non-status Survivors

NISCW Network Calls on Canada to Provide Repatriation Support and Compensate Métis and Non-status Survivors

FOR IMMEDIATE RELEASE Sixties Scoop Survivors Network Welcomes Settlement; Calls on Canada to Provide Repatriation Support and Compensate Métis and Non-status Survivors   (Ottawa/Algonquin Territory – August 13,2018) – The National Indigenous Survivors of Child Welfare Network welcomes the approval of the national Sixties Scoop […]

Media Advisory | June 25-2018

Media Advisory | June 25-2018

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 […]

NISCWN Demands Quick Renegotiation

NISCWN Demands Quick Renegotiation

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 that the national Sixties Scoop Settlement Agreement has been approved in part by the federal court. However,  Justice Belobaba’s decision that approved the compensation and healing foundation while rejecting the legal fees for the three law firms outside Ontario effectively puts the settlement on hold until these fees are renegotiated.

Network Director Tealey Ka’senni:saks Normandin states: “Sixties Scoop survivors are sitting here in limbo yet again waiting on a colonized system to recognize us.”

The Network is calling upon Canada and the law firms involved in the settlement to negotiate quickly so that Sixties Scoop survivors do not have to endure further legal and administrative delays to receive compensation for the loss of culture they experienced in the child welfare system.

Network Coordinator Colleen Cardinal states “Who decided how much my loss grief and trauma was worth? The legal firms and Canada need to negotiate in good faith for a quick resolution so that survivors can finally be compensated. It is our pain, loss and grief at issue in this settlement and the legal firms are already receiving far more than survivors.”

The Sixties Scoop Settlement will provide compensation of between $25 000- 50 000 each to an estimated  22 000 eligible First Nations and Inuit survivors of the Sixties Scoop, and will establish a National Sixties Scoop Healing Foundation.

While the Foundation will serve Métis and non-status Indian survivors, settlement funds will only be available to First Nations and Inuit survivors. The Network will continue to demand that Canada come to a just resolution with Métis and non-status Indian survivors.

Network Director Tauni Sheldon summarizes: “Reconciliation from the Federal Government remains insufficient as the Métis, the non-status Indians and the vulnerable have been excluded. This must change. As an Inuk Sixties Scoop survivor, it is very hard to maintain much of an Inuit identity due to the separation from any of Nunangat homelands. Our Inuit children remain displaced and overrepresented in the Child Welfare systems.”

In February 2017, Justice Belobaba of the Ontario Superior Court ruled that Canada had breached its ‘duty of care’ to Indigenous peoples which contributed to a loss of culture for the estimated 24 000 Indigenous children who were removed from their families, nations and communities into predominantly non-Indigenous homes during the Sixties Scoop.

The Network is concerned about the most vulnerable Sixties Scoop survivors- incarcerated survivors, survivors who are homeless, sex working, living with HIV/AIDS, and survivors living with unresolved trauma and mental health issues and wants to see the Healing Foundation in place to support the development of programs and services for the most vulnerable survivors.

Network Director Vicky Boldo states: “As a National Network, we will continue to support allIndigenous survivors of the child welfare system on their journeys toward healing and wholeness.”

For more information, please contact:

Elaine Kicknosway, President and Co-Founder, NISCWN                                    Cell: (613) 864-9016

Colleen Cardinal, Coordinator and Co-Founder, NISCWN                                   Cell: (613) 407-7057

Vicky Boldo, Director, NISCW                                                                                      Cell: (514) 210-6663

 

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Letter to Survivors Re Settlement

Letter to Survivors Re Settlement

Dear friends, 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 […]

Manitoba Métis Federation Response

Manitoba Métis Federation Response

[gview file=”https://sixtiesscoopnetwork.org/wp-content/uploads/2018/02/Bennett.Philpott.sixtiesscoop.10.13.2017-copy.pdf”] Please follow and like us:

Sixties Scoop Lawsuit Questions

Sixties Scoop Lawsuit Questions

sixties scoop network, national Indigenous survivors of child welfare network, sixties scoop, niscw, sixties scoop lawsuit questionsWe invited lead lawyer Jeffery Wilson to clarify questions being asked. We set out the Sixties Scoop Lawsuit questions and Jeffery’s answers:

  1. Question: Can I still sue the children’s aid societies and the Ontario government for the harm I experienced as an foster child, crown ward or adopted child.

AnswerYes, you can do that.

This case and your participation in the settlement means you cannot sue Canada (the Federal Government). Canada would not have legal responsibility for physical or sexual harm experienced when you were in care. Canada’s liability, because of this case, is limited to Canada’s failure to inform you and your caregivers of your First Nations’ cultural identity and benefits to which you would have been entitled.

However,  you can still sue the province and the government institution (namely, the children’s aid society) responsible for removing you from your home.

  1. Question: Is the settlement amount for the compensation better or worse than had we gone to court on October 11, 2017 before the Honourable Justice Belobaba?

Answer: Better, much better. Here are 9 reasons why:

 i) This settlement is Canada-wide. Brown v Canada is Ontario-wide.

ii) This settlement includes crown wards. Brown v Canada is limited to adopted children.

iii) This settlement includes long-term temporary wards. Brown v Canada is limited to adopted children.

iv) This settlement includes claimants from 1951 – 1991. Brown v Canada is limited to 1965-1984.

v) This settlement includes Inuit children. Brown v Canada is limited to “Indian” survivors.

vi) This settlement includes “Indians” living on and off of reserves. Brown v Canada is limited to “Indians” living on reserves.

vii) This settlement will definitely enable payment in a much shorter period of time than if we proceeded to court.

viii) This settlement may result in payments of $50,000 per claimant. We predicted that we would not have secured this much per claimant had we proceeded to Court.

ix) This settlement includes an initial payment of at least 50 million dollars for a Foundation to provide healing opportunities for the survivors and to take advocacy steps to stop, once and for all, the removal of any Indigenous child in Canada from their families and communities. This was not an outcome we could have achieved in court.

  1. Question: What about $25,000-$50,000? That doesn’t seem very much for someone who lost their cultural identity?

Answer:  You’re right. It isn’t very much. There is no amount of money that could replace what you have lost or that could make up for what you suffered.

I lost both my parents at a young age and received $25,000 from their estate. It didn’t replace them and it didn’t make me whole—so I understand why this seems like “not enough.” There is no “enough.” I know someone wrote in and said “it should be a hundred thousand dollars.” Maybe, it should be more. But, no court would have ever ordered anything close to $100,000! We negotiated against the backdrop of what we could realistically get from the court, applying western law. Like any other case, this one is the beginning, the first step.  

And while this settlement cannot give you back what you deserve or what you have lost, it can make a very big difference. It  is symbolic and shows that cultural identity will now be something that courts have to consider, and measure in all cases from this point forward. Because of you, the law must now recognize that “saving the child” means keeping him or her with  family, or extended family or her or his community.

Loss of cultural identity is a collective loss. That means we have to consider the total of what we have achieved, and not simply the amount per claimant.

  1. Question: This Foundation, who will run it, and can I be part of it?

AnswerFirst Nations people will run it if they come forward and demand that they run it. I am the acting chairperson of the Working Committee for the Foundation. If you want to be part of it, send me an email at jeffery@wilsonchristen.com

  1. What will the Foundation do?  How will I benefit from it?

Answer: The Foundation’s mandate will be shaped by those who come forward to lead it. But the intent is that it will support advocacy efforts to protect First Nations children and offer support for healing and counselling services to those who need it.  Don’t think of it as a “physical place” but rather as a country-wide resource for all survivors.  No matter where you live in the country, the Foundation’s support and resources will be available to you. 

  1. Question: Why are Métis not part of the deal?

AnswerThey are part of the deal insofar as they are part of the people to be served and helped by the Foundation. They are not part of the individual compensation entitlement because there are no records to properly identity Métis for the purpose of this settlement.

However, the settlement does not preclude Métis people from suing a provincial or federal government, or provincial organization (like the CAS) if they choose to do so in the future.

  1. Question: When will we get our money and how much of it will go to lawyers?

Answer:  None of it will go to lawyers as long as  you use the 4 law firms who helped the government negotiate this deal. In B.C. call David Klein, in Manitoba and Saskatchewan, call Kirk Baert, in Alberta, Yukon, and the Prairie provinces, call Tony Merchant. In Ontario, call Wilson Christen LLP. All of these lawyers have legally agreed (as part of the settlement)  to charge nothing to any sixties scoop survivor needing help to file a claim.

If I have my way, you shouldn’t need a lawyer to file your claim. It should be a simple exercise, one or two page form. The form is being created by the Federal Government. Once, it is created and released to the public we’re hoping six months for receipt of payments but understand that there has to be a notice period paid for by Canada and notice to people not only in Canada but in the USA and overseas, and that has to happen first. We have to do our best to make sure that everyone, who is entitled to receive money or be assisted by the Foundation, knows about it. Once the form is finalized it will posted on our website. Please continue to monitor our website for updates on the form and process.

  1. Question: When will one be able to apply for compensation and how do you do that? Answer: We are still working that process out. Our objective is to make the application process as simple as possible, not like the residential schools’ compensation process. To prepare for your application, you can take steps to obtain your records from the Children’s Aid Society that took you away. Specifically, you should request the court orders. Sign a direction or consent for the records to be released to you. Do this immediately. Make the request in writing to the director of the Children’s Aid Society, or go to your Band Office or Band First Nations’ Child and Family Services for help in asking for your records. You have a right to those records. Anyone who tells you differently is wrong.

https://sixtiesscoopclaim.com/2017/10/10/11781/

Sixties Scoop Lawsuit Questions.

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NISCWN Response to Class Action Exclusions | Press Conference

NISCWN Response to Class Action Exclusions | Press Conference

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

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 […]

Sixties Scoop settlement: Money can’t buy back culture

Sixties Scoop settlement: Money can’t buy back culture

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

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Ottawa Sixties Scoop survivors on federal settlement

Ottawa Sixties Scoop survivors on federal settlement

CLICK HERE FOR LINK: http://www.cbc.ca/news/canada/ottawa/sixties-scoop-ottawa-survivors-1.4342893 ‘A small step’: Ottawa Sixties Scoop survivors on federal settlement Federal government announced $800 million for survivors By Matthew Kupfer, CBC News Posted: Oct 06, 2017 8:06 AM ET Last Updated: Oct 06, 2017 12:17 PM ET Sixties Scoop survivors in […]