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Sixties Scoop Settlement Agreement Plenary Session July 24, 2019

Sixties Scoop Settlement Agreement Plenary Session July 24, 2019. Regional Chief Norman Yakeleya. June 20, 2019, Slide 1. Background

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Sixties Scoop Settlement Agreement Plenary Session July 24, 2019

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  1. Sixties Scoop Settlement AgreementPlenary SessionJuly 24, 2019 Regional Chief Norman Yakeleya June 20, 2019, Slide 1

  2. Background • The “Sixties Scoop” refers to the widespread practice of taking Indigenous children away from their families and communities and placing them in foster homes or adoption, and was a systemic injustice across Canada. • In an effort to redress the damage of this practice, many Sixties Scoop class actions were filed across Canada. • Only one action in Canada had been certified and that was the Ontario action (Brown v. Canada (Attorney General), 2017 ONSC 251). June 20, 2019, Slide 2

  3. In an effort to find a solution to the numerous filing of Sixties Scoop litigation, the federal government began negotiations with four laws firms who had filed class action lawsuits to reach a pan-Canadian settlement of outstanding claims across the country (Wilson Christen LLP and Morris Cooper of Toronto, Ontario, Koskie Minsky LLP of Toronto, Ontario, Merchant Law Group of Regina, Saskatchewan, and Klein Lawyers of Vancouver, British Columbia). • On October 5, 2017, the federal government announced an $800 million settlement for Sixties Scoop claimants in class actions across Canada, which covers claims for loss of cultural identity only and does not cover claims for physical or sexual abuse. June 20, 2019, Slide 3

  4. 60s Scoop Settlement Agreement • The negotiated settlement is worth up to $875 million. Survivors receive up to $750 million (capped at $50,000 per survivor). • $50 million for a national memorial foundation. Canada has agreed to fund the foundation in the amount of at least $50 million. • Lawyers in the negotiations from the four law firms involved would divide up a separate amount of $75 million. June 20, 2019, Slide 4

  5. Those included in the settlement: • Are registered Indians (as defined in the Indian Act) and Inuit as well as people eligible to be registered Indians; and • 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. • The opt-out period ended October 31, 2018. • The settlement agreement provides individual compensation to all Class Members who were adopted or made permanent wards and who were alive on February 20, 2009.  • To apply for a payment, individuals need to complete and submit a Claim Form by August 30, 2019. Claim forms are available at sixtiesscoopsettlement.info or by calling 1-(844)-287-4270. June 20, 2019, Slide 5

  6. Current Status of the Settlement Agreement • In August 2018, the Federal Court and the Ontario Superior Court approved the terms of the settlement agreement. • On December 1, 2018, the Sixties Scoop settlement began to be implemented. • Individual payment application forms are currently being collected by the Claims Administrator until August 30, 2019. • Information Sessions have been held across Canada. • Payments to survivors are expected to flow beginning in Spring 2020. June 20, 2019, Slide 6

  7. AFN Mandate and Next Steps • Resolution 16/2009 – Class action Support Resolution re: 60’s Scoop. • Resolution 85/2017 – AFN support for the Alberta Sixties Scoop class action lawsuit. • This class action is not part of the above-mentioned Settlement Agreement as the law firm in this case, DD West LLP, was excluded from negotiations and is not included under the Settlement Agreement terms. • This class action deals with issues of abuse experienced by all Aboriginal people, which are identified under s. 35 of the Constitution Act, 1982. June 20, 2019, Slide 7

  8. Questions June 20, 2019, Slide 8

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