Judge rules in favour of Indigenous survivors of Sixties Scoop

[Cliffy]

After an eight-year court battle, an Ontario Superior Court judge has found that the federal government failed to prevent on-reserve children from losing their Indigenous identity after they were forcibly taken from their homes as part of what's known as the Sixties Scoop.
Thousands of First Nations children were placed in non-Indigenous care between 1965 and 1984, which resulted in psychological harm that has dogged survivors into adulthood, Justice Edward Belobaba wrote in his ruling Tuesday, siding with the plaintiffs.
Belobaba said Canada breached its "duty of care" to the children, and ignored the damaging effects of the Ontario-led program. There are lawsuits in other jurisdictions over similar programs that placed children in foster care or with adoptive parents.
"The uncontroverted evidence of the plaintiff's experts is that the loss of their Aboriginal identity left the children fundamentally disoriented, with a reduced ability to lead healthy and fulfilling lives. The loss of Aboriginal identity resulted in psychiatric disorders, substance abuse, unemployment, violence and numerous suicides," he said, siding with the plaintiffs.


Judge rules in favour of Indigenous survivors of Sixties Scoop - Canada - CBC News

 

[taxslave]

Yep should have just left them in the bush with no education, no healthcare and zero chance of finding a job.

 

[lone wolf]

...then we might not have so many FN lawyers.

 

[Danbones]

The only reserve ndns I know that have done well did so by their own choices;
not by having choices made for them.

which, far as I know is how it works for everyone who doesn't inherit the big bucks

 

[Tecumsehsbones]

Yep should have just left them in the bush with no education, no healthcare and zero chance of finding a job.

And stayed in Europe.

 

[Danbones]

Geneticist Traces Mysterious Origins of Native Americans to Middle East, Ancient Greece
Geneticist Traces Mysterious Origins of Native Americans to Middle East, Ancient Greece

Seems like the smart ones may have left the EU well before the economic collapse

no taxes the women did all the work

and no lawyers is how the joke goes

 

[Mowich]

Toronto Sixties Scoop rally pushes back against government settlement

A series of rallies across the country were held Friday in support of survivors of the Sixties Scoop, with some advocating for a better settlement than the one announced last fall by the federal government.

That settlement aims to compensate all First Nations and Inuit children who were removed from their homes and communities — and lost their cultural identities as a result — between 1951 and 1991.

The National Indigenous survivors of Child Welfare network organized the rallies to push back against the proposed $800-million settlement.

Rev. Evan Smith organized of the Toronto Sixties Scoop survivor rally. (CBC

"The settlement amount was not nearly enough; it was less than what we were asking for just in Ontario," said Rev. Evan Smith at the Toronto rally at Allan Gardens.

"It isn't enough to cover the trauma and abuse a lot of folks went through."

Smith is Anishinaabe and part of the Toronto Urban Native Ministry.

There has also been tension around the settlement as Métis and non-status First Nations survivors were not included, although the Métis National Council has now entered into negotiations with Canada.

"It's another strategy of ongoing colonialism and genocide to pit First Nations folks against Métis folks because with the current settlement those folks are excluded," said Percy Lezard.

Lezard, a survivor of the Sixties Scoop, is a social worker and a two-spirited non-binary Indigenous person from Penticton Indian Reserve in B.C.

Criticism of the settlement process say that it has been too vague.

"It feels really disorganized and it feels really quick," said Smith.

"The settlement feels a bit like a payout to silence the community."

Chief Stacey Laforme of the Mississaugas of New Credit attended the Toronto Sixties Scoop rally. (Rhiannon Johnson/CBC)

Smith added there's been little information since it came out about who is actually eligible.

"Lots of people filed claims and as far as I know most people haven't heard any news from lawyers about whether or not their claims were actually making them eligible."

A petition to scuttle the proposed $800-million settlement that is making its way across Canada ignited a disagreement that lead to the cancellation of the rally in Winnipeg this afternoon.

Indigenous communities in Canada remain divided on whether or not to accept the proposed settlement. Some are calling for more money, where others want a fair negotiating process that includes Métis and non-status First Nations survivors.

"Any settlements that they offer like this are divisive because people are hurt, people are trying to recover and yet there are those who will find different ways forward," said Chief R. Stacey Laforme of the Mississaugas of New Credit.

"So when you have things like this, of course they're going to cause some form of divisiveness."

Toronto Sixties Scoop rally pushes back against government settlement - CBC News | Indigenous

""It's another strategy of ongoing colonialism and genocide to pit First Nations folks against Métis folks because with the current settlement those folks are excluded," said Percy Lezard."

Did I get that right? The FNs are saying they are they either going to colonize or wipe out the Métis. Or, first they take them over and then they wipe them out. Seems a bit drastic to me. /s

 

[petros]

Toronto Sixties Scoop rally pushes back against government settlement

A series of rallies across the country were held Friday in support of survivors of the Sixties Scoop, with some advocating for a better settlement than the one announced last fall by the federal government.

That settlement aims to compensate all First Nations and Inuit children who were removed from their homes and communities — and lost their cultural identities as a result — between 1951 and 1991.

The National Indigenous survivors of Child Welfare network organized the rallies to push back against the proposed $800-million settlement.

Rev. Evan Smith organized of the Toronto Sixties Scoop survivor rally. (CBC

"The settlement amount was not nearly enough; it was less than what we were asking for just in Ontario," said Rev. Evan Smith at the Toronto rally at Allan Gardens.

"It isn't enough to cover the trauma and abuse a lot of folks went through."

Smith is Anishinaabe and part of the Toronto Urban Native Ministry.

There has also been tension around the settlement as Métis and non-status First Nations survivors were not included, although the Métis National Council has now entered into negotiations with Canada.

"It's another strategy of ongoing colonialism and genocide to pit First Nations folks against Métis folks because with the current settlement those folks are excluded," said Percy Lezard.

Lezard, a survivor of the Sixties Scoop, is a social worker and a two-spirited non-binary Indigenous person from Penticton Indian Reserve in B.C.

Criticism of the settlement process say that it has been too vague.

"It feels really disorganized and it feels really quick," said Smith.

"The settlement feels a bit like a payout to silence the community."

Chief Stacey Laforme of the Mississaugas of New Credit attended the Toronto Sixties Scoop rally. (Rhiannon Johnson/CBC)

Smith added there's been little information since it came out about who is actually eligible.

"Lots of people filed claims and as far as I know most people haven't heard any news from lawyers about whether or not their claims were actually making them eligible."

A petition to scuttle the proposed $800-million settlement that is making its way across Canada ignited a disagreement that lead to the cancellation of the rally in Winnipeg this afternoon.

Indigenous communities in Canada remain divided on whether or not to accept the proposed settlement. Some are calling for more money, where others want a fair negotiating process that includes Métis and non-status First Nations survivors.

"Any settlements that they offer like this are divisive because people are hurt, people are trying to recover and yet there are those who will find different ways forward," said Chief R. Stacey Laforme of the Mississaugas of New Credit.

"So when you have things like this, of course they're going to cause some form of divisiveness."

Toronto Sixties Scoop rally pushes back against government settlement - CBC News | Indigenous

""It's another strategy of ongoing colonialism and genocide to pit First Nations folks against Métis folks because with the current settlement those folks are excluded," said Percy Lezard."

Did I get that right? The FNs are saying they are they either going to colonize or wipe out the Métis. Or, first they take them over and then they wipe them out. Seems a bit drastic to me. /s

Dramatic.

Do you know what this is; "a two-spirited non-binary Indigenous person"?

Is that treatable?

 

[Twin_Moose]

'It's a sham': survivors blast Federal Court hearing into $875M Sixties Scoop settlement

A Federal Court hearing into the $875-million Sixties Scoop settlement is disrespectful, offensive and a "sham," say some of the survivors who came to testify.

They say they'll be back today, but they aren't hopeful.
"This is just furthering the injustice. Why are we even here?" White Bear First Nation member Anna Parent told CBC News after the first day of hearings in a Saskatoon hotel ballroom wrapped up Thursday at approximately 7:00 p.m. "Everyone is offended. It's a sham."
More than 100 survivors from across Canada, as well as dozens of lawyers, government officials and security officers are hoping to testify at the two-day hearing. It was moved from the courthouse to a hotel to accommodate the large crowds. An unknown number of people are also hoping to testify by video from other cities.

Survivors came from across Canada

Some survivors support the proposed settlement negotiated last year. It includes $750 million for the estimated 20,000 survivors themselves, $50 million for a foundation and $75 million for lawyers' fees.
They hope the money, the services and the acknowledgement of wrongdoing will help survivors and their families heal. Others say the deal is flawed but it's the best option available. For opponents, the maximum $50,000 payment per survivor is not nearly enough to address the profound damage caused. They also say the lawyers' fees are too high. Many also note First Nations and Inuit claimants were included, but Metis survivors were not.
It now seems to be the process, rather than the agreement itself, that is causing the most anger.
As the hearing progressed Thursday, survivors grew increasingly frustrated. From the start, some said the security 'overkill' which included multiple units of armed police, undercover officers and other security was intimidating and unnecessary.
The hearing started more than 30 minutes late. With survivors sitting in the gallery, many of them teary or clutching hand-written notes, two lawyers and Judge Michel Shore spoke until the lunch break.
Once the afternoon session began, survivors were asked to testify. Shore said they would all be heard and their voices mattered.

"Your suffering is recognized," Shore said, followed by loud applause. But then he said survivors' would be restricted to a maximum of three minutes at the podium.
Many survivors and their lawyers objected. Saskatoon lawyer Doug Racine said his clients have been waiting years to tell their stories, and asked for 10 minutes for each survivor.
Shore rejected the request, saying repeatedly that this was a federal court hearing about the settlement only.

 

[Twin_Moose]

It's not enough money for the hardship we endured He didn't hear the whole story on why we deserve more wow

Judge accused of being a 'cheerleader' for $875M Sixties Scoop deal

The federal court judge who approved an $875-million deal for Sixties Scoop survivors is facing accusations of bias because of his involvement in other aspects of the agreement.
The settlement reached last week is aimed at compensating an estimated 20,000 Indigenous people who were taken from their families as children and adopted out to non-Indigenous parents between the 1950s and the 1980s, stripping them of their cultural heritage.
Justice Michel Shore approved the deal as it was proposed on Friday, roughly 60 minutes after two days of emotional testimony concluded in Saskatoon. It will see $750 million go to survivors, $75 million to lawyers, and $50 million set aside for an Indigenous healing foundation. But critics are arguing Shore should not have been allowed to preside over last week's hearings, as he was involved in the creation of the proposed settlement last year and sits on the board of a $50-million healing foundation being established as part of the deal.
"The judge's role is to be dispassionate — not to be an advocate or cheerleader for the class-action settlement," said Jasminka Kalajdzic, a law professor at the University of Windsor and one of the country's leading experts on class-action lawsuits.
Some survivors, who travelled from across North America to attend the hearing, said they were outraged by Shore's comments in support of the settlement at the hearings, before it had formally been approved. Others were upset by the three-minute time limit they were given to share their stories.
"It seems like this decision was already made up, and this whole court case was an opportunity to sell the package," said survivor Mary Longman, who testified at the hearings and asked the court to also consider abuses suffered when determining compensation.

'It raises eyebrows'

Like Kalajdzic, Craig Jones, a law professor at Thompson Rivers University and author of the book Theory of Class Actions , says survivors are right to be concerned.
This case is complex, he said, and carries enormous financial, political and societal implications, similar to the residential school or tainted blood settlements.
Jones stopped short of accusing Shore of bias but said he "can see why it raises eyebrows."
Kalajdzic was more direct. "There should be a judge with fresh eyes, who doesn't have a history with the parties, a judge who can exercise rigorous oversight and take a hard look at the case. That, in my view, would have been the more appropriate procedure," she said.
The deal has created a divide among survivors of the Sixties Scoop. Some were elated, saying it is long-awaited recognition of their suffering and a move that will avoid years of costly court battles, with no guarantee of victory.
But others say the settlement is flawed because it excludes non-status and Métis people, caps individual compensation at $50,000 and gives too much money to the lawyers.

No rules broken, says Federal Court official

Andrew Baumberg, a spokesperson for the Federal Court of Canada, declined to comment when asked about the concerns around Shore's objectivity, Instead, he pointed to Federal Court Rule 391, which allows a judge to oversee multiple elements of a case, provided that no parties object.
The law firms representing the class members OK'd Shore overseeing the settlement hearing.
Kalajdzic says Rule 391 should only be used in absolutely necessary and exceptional circumstances and argues that wasn't the case here.
Precedents have made it extremely difficult to appeal an approved class-action settlement, she said, but those unhappy with the agreement have other options.

 

[Hoid]

Michigan State just agreed to a $500 million payment to the 332 known victims of a single sex abuser. $75 million of that is for victims who have no come forward yet.

So we will see what Canada decides is the "right thing" to do in terms of paying off these victims.

I am sure it will be a monumental lip service - as is our national tradition.

 

[Mowich]

It's not enough money for the hardship we endured He didn't hear the whole story on why we deserve more wow

Judge accused of being a 'cheerleader' for $875M Sixties Scoop deal

Too bad their lawyers didn't bother to tell them that it wasn't story circle time when the case was heard, TM. And once again the natives are divided on the results - some agree and some don't. No surprise there at all as it appears that the wanna be significant types will never be happy no matter how much time and money is spent trying to appease their demands.

Michigan State just agreed to a $500 million payment to the 332 known victims of a single sex abuser. $75 million of that is for victims who have no come forward yet.

So we will see what Canada decides is the "right thing" to do in terms of paying off these victims.

I am sure it will be a monumental lip service - as is our national tradition.

Right, Hoid......................875 million dollars worth of lip service.


Many of those so-called victims were adopted by families who provided good decent lives for the adoptees something their own families or bands were unable or unwilling to do. It appears that gratitude is sadly lacking is some natives philosophies.

 

[Tecumsehsbones]

It appears that gratitude is sadly lacking is some natives philosophies.

A billion hectares isn't enough gratitude for you?

 

[pgs]

A billion hectares isn't enough gratitude for you?

Cry me a river .

 

[petros]

Survivors.

Would they have been survivors if they remained neglected and malnourished with their addicted parent(s)?

A billion hectares isn't enough gratitude for you?

Absolutely not. It's why whitie went to the moon and I guarantee a whitie will be the first to step foot on Mars.

It's our land.

 

[Tecumsehsbones]

Cry me a river .

I ain't the one whimpering about ungrateful redskins.

 

[White_Unifier]

And stayed in Europe.

Had the indigenous peoples just traded with Europe as equals, they could have developed prosperous cultures had the French and then the British had some notion of respecting contracts and not acted like thugs.

 

[Mowich]

A billion hectares isn't enough gratitude for you?

Keeping things in context, I was referring to the families who unselfishly provided homes for children whose native families were unable to look after them properly. A public thank you to those folks who did so is, IMO, something that anyone with an ounce of decency would do.

Land has nothing to do with this court case whatsoever - just in case you didn't realize that. This was all about money.

 

[Tecumsehsbones]

Keeping things in context, I was referring to the families who unselfishly provided homes for children whose native families were unable to look after them properly. A public thank you to those folks who did so is, IMO, something that anyone with an ounce of decency would do.

Land has nothing to do with this court case whatsoever - just in case you didn't realize that. This was all about money.

Sorry, I wasn't aware that every one of them baby redskins was cuddled and cared for by a loving Canadian family. Or that they all came from families that couldn't take care of them.

You do realize, I hope, the money ain't coming from the foster/adoptive parents.

 

[petros]

Are you a big enough of a fool to believe the children were picked at random and they weren't
at risk?