Class Actions (Legal Information for Indigenous People: National Edition)

Class Actions: Lawsuits Filed by an Individual Acting on Behalf of a Group

The "Millennium Scoop" and "Child Welfare" Class Actions

Millennium Scoop class actions are referring to a time period covering January 1, 1992 to December 31, 2019, when Indigenous children were taken from their families and placed in non-Indigenous care. The Millennium Scoop is not a single class action. There are several class actions concerning this time period. Any of those cases might be called a Millennium Scoop case.

The largest of these related actions is the First Nations Child and Family Services and Jordan’s Principle and Trout Class Settlement (aka Moushoom v. Canada (Attorney General), 2021 FC 1225).

This is a child welfare class action. It is also a millennium scoop class action. This action represents several cases that have been combined into a single action. As of writing this, it not yet open for claimants. It is for:

• children who were removed from their homes under the First Nations Child and Family Services Program between April 1, 1991 and March 31, 2022
• First Nations children who did not receive or were delayed in receiving an essential public service, product or support between April 1, 1991 and December 11, 2007
• First Nations individuals living on-reserve or in the Yukon, while under the age of majority, who were, based on the involvement of a child welfare agency, sent off-reserve by a caregiving parent or caregiving grandparent to stay with a non-family member in a placement not funded by ISC, between April 1, 1991, and March 31, 2022

The Agreement-in-Principle on compensation included $20 billion. The Agreementin- Principle on long-term reform included in addition approximately $20 billion, over five years, for the long-term reform of the First Nations Child and Family Services Program, totaling about $40 billion.

Deloitte is the third-party administrator responsible for implementing the final settlement. Deloitte is also responsible for addressing questions related to the settlement, and are maintaining a website with additional information. Information on the class action and claims process is available on https://www.fnchildclaims.ca to read more and sign up for updates. You can also contact the Class Action Administrator, Deloitte, by telephone at 1-833-852-0755 or email fnchildclaims@deloitte.ca.

The website https://millenniumscoopcan.ca serves as starting place for claimants to determine which action they might be eligible for. There seem to be eight separate child welfare/millennium scoop actions being brought against the Federal Government, British Columbia, Alberta, Saskatchewan, Manitoba, Ontario and Quebec. These could all be called child welfare and millennium scoop actions. Claimants can use this website to help narrow down which action they might be eligible, and to sign up for updates about that particular action.

Another action concerning Indigenous child welfare during the millennium scoop is Stonechild v Canada, 2022 FC 914.

Murphy Battista LLP and Gowling WLG have brought a class action proceeding against the Government of Canada concerning the apprehension of Indigenous children and youth, living off-reserve, by child welfare agencies, and their placement in the care of individuals who were not members of their Indigenous community, group or people.

You are a class member in this proposed class action if:

• You are a First Nations (Status or Non-Status Indian), Inuit, or Métis person who was removed from their home in Canada, off-reserve, between January 1, 1992 and December 31, 2019 and placed in the care of individuals who were not part of the Indigenous community, group, or people to which you belonged (“Primary Class Member”).
• You are the parent or grandparent of a Primary Class Member ("Family Class Member").

If you have questions or would like to be included in our database of class members and kept apprised of developments, please email us at childwelfare@murphybattista.com. Website: https://www.murphybattista.com/practice-areas/class-actionlawsuits/indigenous-child-welfare-class-action Phone: 1-888-683-9621

Canada has appealed and this action is currently paused.

The phrases "Sixties Scoop" and "Millennial Scoop" describe two distinct periods in Canada during which Indigenous children were disproportionately removed from their families and communities and placed into the child welfare system.

The Sixties Scoop Métis and Non-Status Indian Class Action is on behalf of Métis and Non-Status Indian individuals affected by the Sixties Scoop.

There was an earlier "60’s Scoop class action" for

• registered Indians (as defined in the Indian Act) and Inuit as well as for people eligible to be registered Indians; and who
• 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 deadline for submitting applications was November 28, 2019.
• Any questions contact 1-844-287-4270 | SIXTIESSCOOP@COLLECTIVA.CA

Sixties Scoop Métis and Non-Status Indian Class Action

Now there is a class action against Canada on behalf of Métis and Non-Status Indian survivors of the Sixties Scoop. The Court defined the following persons as members of the class:

All Indigenous persons (as referred to by the Supreme Court of Canada in Daniels v. Canada (Indian Affairs and Northern Development, 2016 SCC 12, at para. 6,), who were removed from their homes in Canada between January 1, 1951 and December 31, 1991 and who were placed in the care of non-Indigenous foster or adoptive parents. (excluding Indian persons (as defined in the Indian Act) and Inuit persons.

For further information, or if you are a class member, you can contact the lawyers Koskie Minsky LLP at 1-866-778-7986, or email at metisnonstatus60sscoopclassaction@kmlaw.ca

"Indian Hospitals" Class Action

Compensation for this Class action is not yet available. The claims process is currently being determined, and will be announced as soon as possible.

This Class Action alleges that Canada's operation of "Indian Hospitals" was negligent and breached fiduciary duties owed to Indigenous People.

The classes are defined as follows:

• Primary Class means all persons who were admitted to an Indian Hospital during the Class Period; and
• Family Class means all persons who are a spouse or former spouse, child, grandchild or sibling of a member of the Primary Class and the spouse of a child, grandchild or sibling of a member of the Primary Class.

For more information, contact Klein Lawyers. Website: www.callkleinlawyers.com Vancouver phone: 604-874-7171 Toronto phone: 604-874-7171

"Indian Boarding Homes" Class Action

Claims process now open! The Indian Boarding Home Program was an “educational program” in which the Government of Canada removed Indigenous children and adolescents from their families and Indigenous communities. These children were transported to distant communities to stay with boarding families while attending public schools. The program was implemented as part of Canada’s policy of culturally assimilating Indigenous persons into mainstream Canadian society.

The Indian Boarding Home Program began during the 1950s as Canada began to dismantle the Indian Residential Schools program. Canada continued to operate the Indian Boarding Home Program into the early 1990s.

The class action alleges that Canada’s actions in creating, operating, and maintaining the Indian Boarding Home Program created an environment where abuse, harassment, and other harms would occur. The prolonged absence from family and community also caused loss of culture, language, and community bonding. Canada’s conduct, and that of its servants, was negligent and in breach of the fiduciary duties that Canada owes to its Indigenous Persons. Class Members have suffered serious and lasting harms as a result.

If you believe you were placed in a boarding home pursuant to the Indian Boarding Home Program, please contact Klein lawyers at phone: 604-714-6531.

This class action section is taken from the website of the Indigenous Community Legal Clinic in Vancouver, and also includes some clarification from ICLC lawyer Daniel Sinclair: https://allard.ubc.ca/community-clinics/indigenous-community-legal-clinic

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