The number of people who wish to join a class action lawsuit involving thousands of children who were placed in foster care in B.C. is so high that one of Canada’s leading class action law firms can’t answer them all.
“We have to transfer people to a hotline that gives the most recent updates and explains the qualifications and steps that have to be taken to apply”, says a receptionist at Klein Lawyers, a personal injury and class action law firm in Vancouver. She said she did not know the exact number of people enrolled in the class action at the moment.
The Government of Canada is trying to reach a national settlement with victims of the Sixties Scoop, which means all class action lawsuits are currently under hold while discussions for an agreement are undergoing.
The Sixties Scoop class action alleges that the Government of Canada failed “to take steps to prevent Indian children from losing their Aboriginal identity and the opportunity to exercise their Aboriginal and treaty rights, causing ongoing harm to Indian children in care.”
Thousands of Indigenous people across Canada continue to join the different Sixties Scoop lawsuits in the country, seeking justice for the actions done by the Government of Canada.
During the Sixties Scoop, First Nations, Métis and Inuit children across Canada were taken away from their homes by child-welfare agencies between 1960s and 1980s. The majority of children were placed in non-Indigenous homes by agencies without taking steps to preserve their culture and identity, according to the B.C. class action lawsuit. Some children were sent to live in other provinces, other countries and other continents.
“The Government of Canada went beyond treating us wrong and should have never done that”, says lead plaintiff in B.C. Sixties Scoop class action, Catriona Charlie. Credit: Radio-Canada
In February 2017 an Ontario Superior Court judge ruled in favour of Sixties Scoop survivors, stating that the Government of Canada breached its “duty of care” to the children, and ignored the damaging effects of the Ontario-led program.
Since the February decision, “18 new claims started across Canada, but Ontario is still the only claim that has been certified and successful in establishing liability”, says Jessica Braude, one of the lawyers in the Ontario class action that involved 16,000 people.
The Minister of Indigenous and Northern Affairs announced in February that negotiation, rather than litigation was the government’s preferred route to settle differences, and right historical wrongs.
According to the Truth and Reconciliation Commission of Canada, the legacy of the Sixties Scoop lives to this day. “Today, the effects of the residential school experience and the Sixties Scoop have adversely affected parenting skills and the success of many Aboriginal families”, it reads.
Klein law firm says that reaching settlement can take between six to 12 months. Both lawyers in the B.C. class action lawsuit were contacted at multiple times but have ignored many interview requests.
B.C lawsuit
Catriona Charlie, 49, is the lead plaintiff in a class action lawsuit against the Government of Canada for the practice of removing large numbers of Indigenous children from their families and placing them in the care of non-Indigenous adoptive homes.
“The Government of Canada went beyond treating us wrong and should have never done that, she says. It’s about time people in Canada and across the world start to know my story and hopefully encourage other natives to start speaking about their stories.”
Adopted by a non-Indigenous Scottish family at birth, Charlie was deprived of her Aboriginal rights, such as customs, traditions and culture, leaving her with unanswered questions.
She said she missed out on her Indigenous identity while growing up. To this day, she says her adoptive mother rejected her because she was of different race and culture.
“Unfortunately, my dad’s ex would rather sweep me under the carpet and forget she ever adopted me.”
Her adoptive parents separated when she was 10 years old. Charlie moved with her father and four non-Indigenous sisters to Edinburgh, Scotland, shortly after the breakup.
“I vaguely remember my dad telling me to be proud of who I am”, she says. “On my dad’s side, all family members were really nice, accepted me and didn’t treat me any different.”
Despite the love of her adoptive family in Scotland, Charlie was completely isolated from her Nagmis community, culture and heritage, a feeling she says many Indigenous share.
“We need justice for what has been done to us, and we need to be assured this won’t happen again.”
