Oppose the 60s Scoop Settlement Agreement

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ATTENTION: SIXTIES SCOOP SURVIVORS

(Please visit www.60sScoopUnited.com for more info, alternatively, visit the National Indigenous Survivors of Child Welfare Network website at www.niscw.org)

On January 22, 2018 the Federal Government, along with the law firms of Koskie Minsky LLP, Merchant Law Group, Wilson Christen LLP, and Klein Lawyers, released a Proposed Settlement Agreement (the “Proposed Settlement”) outlining the terms of a settlement for survivors of the Sixties Scoop. The Proposed Settlement has been finalized subject to the approval of the Federal Court of Canada on May 10-11, 2018 and the Ontario Superior Court of Justice on May 29-30, 2018.

The National Indigenous Survivors of Child Welfare Network (the “Network”) is a not-for-profit coalition of Indigenous Peoples (Métis, First Nation and Inuit) and organizations which provide leadership, support and advocacy for Indigenous people affected by Indigenous Child Removal systems in Canada. The Network believes that the Proposed Settlement is unfairunreasonable and not in the best interest of Sixties Scoop Survivors. The Network, Sixties Scoop organizations, Sixties Scoop Survivors and their allies across the country intend to oppose the Proposed Settlement in its current form. It is important that the voices of those survivors who oppose the Proposed Settlement are heard in court to ensure that the Proposed Settlement as it stands is not approved.

WHY THE PROPOSED SETTLEMENT IS UNFAIR

The Proposed Settlement excludes compensation for Métis, non-status Indians and survivors who are unable to prove their Indian status.  However, there is some indication that the Federal Government has expressed a willingness to directly consult with Metis organizations to discuss compensation.

The compensation is capped at $750,000,000 and must be split evenly amongst all eligible survivors. The more survivors who apply, the less each survivor will receive. For example, if 20,000 to 30,000 survivors apply, each survivor will receive $25,000. If 50,000 survivors apply, each survivor will only receive $15,000. The compensation cap is improper and is concerned more with what the Federal Government wants to pay than what survivors deserve.

The Proposed Settlement limits survivors’ compensation to a Common Experience Payment with no right to pursue an Individual Assessment Process payment. In fact, under the Proposed Settlement 60s Scoop survivors will be forced to sign away their rights to sue the Federal Government, and possibly other parties, for physical or sexual abuse.  The Brown decision in Ontario only dealt with the issue of loss of culture, language and identity, so why does the Proposed Settlement seek to go further and force survivors to sacrifice their legal rights with regards to physical, sexual, or psychological abuse, or even child labour and torture and other losses, such as benefits, to which survivors may otherwise have been entitled?  The answer the Federal Government gives is that the Federal Government is not responsible for such suffering.  Survivors will be forced to sue the provinces and child welfare agencies to obtain relief for these sufferings.

The Proposed Settlement provides $75,000,000 in legal fees for the law firms responsible for negotiating the Proposed Settlement which seems excessive.

Most importantly, a Foundation has been established under the Proposed Settlement for the purpose of providing healing to survivors, without consultation with the majority of First Nation communities or survivors and without a complete assessment as to the costs required to fund required programs and treatment centres.

THE ALTERNATIVE

The Network believes that Sixties Scoop survivors of physical, sexual and psychological abuse, and survivors of child labour and torture, are entitled to more compensation than what is currently being proposed. Survivors should be given access to a forum which allows them to share their experiences before an independent tribunal and have their individual claims assessed.

Lastly, and most importantly, survivors are owed a right to be heard and consulted with prior to entering into any Settlement in the spirit of the Truth and Reconciliation Commissions 94 Calls to Action. The Network is committed to listening to and incorporating the views of survivors in the lead up to a renegotiation of the Proposed Settlement. Survivors are invited to visit www.60sScoopUnited.com or www.niscw.org and share their thoughts and views regarding the Proposed Settlement by clicking the ‘Contact Us’ button.

OUR OBJECTIVE

Our objective is to reach at least 2,000 petition signatories before April 30, 2018. We would also ask that you go a step further and fill out the ‘Notice of Objection’ Form located here. The Proposed Settlement provides that if 2,000 or more survivors choose to opt out of the Proposed Settlement that the Proposed Settlement will be rejected, subject to the Federal Government in its sole discretion permitting the Proposed Settlement to proceed.

Please note that by signing this petition you are not opting out of the Proposed Settlement. You will however be sending a strong message to the Courts that you do not agree with the terms of the Proposed Settlement. The Network is hopeful that, if it can obtain more than 2,000 signatories before April 30, 2018, a stop may be put to the Proposed Settlement in its current form. We invite all survivors to link and share this petition to all friends and family members who will potentially be impacted by the Proposed Settlement.

**IMPORTANT**

We would ask that you please refrain from signing the petition if you are not a Sixties Scoop Survivor. We invite Status Indians, Non-Status Indians, Inuit, Métis, and other Indigenous Sixties Scoop survivors alike to sign the petition.

If you are prompted with a 3$ donation request please note that this request is made by Change.Org and not by the Network, all funds go towards supporting the Change.Org website, which is a not-for-profit service provider.



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