The Federal Court has denied the government’s request to dismiss a monetary relief claim in a class-action lawsuit filed by non-status individuals and Métis who were affected by the “’60s Scoop.”
The court has also approved a motion from the plaintiffs that states the Crown had a duty of care to these children, but only for those who were placed or adopted through Saskatchewan’s Adopt Indian Métis [AIM] program.
The ’60s Scoop describes a time when Canadian governments facilitated the widespread removal of Indigenous children from their homes, placing them primarily with non-Indigenous families.
A previous class-action settlement for survivors resulted in about $750 million paid by the federal government. However, Métis individuals were mostly left out because their child welfare services were managed by provincial authorities.
Métis and non-status individuals, who were removed from their families as children, initiated a class-action lawsuit claiming Canada should also provide them compensation, but the Federal Court ruled that Ottawa is not responsible for this.
The Federal Court clarified that Canada’s duty of care extends only to those placed or adopted through the AIM program since it was federally funded.
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Judge Sébastien Grammond explained that the federal government’s funding of the AIM program implies a proximity that establishes its duty of care, as the potential harm was foreseeable and no compelling counterarguments exist against this duty.
The AIM program even ran newspaper advertisements promoting the adoption of Métis children.
Grammond further noted that the federal government should have anticipated that funding the AIM program would result in Indigenous children being permanently separated from their families.
“This was clear from the grant application and even from the program’s name, as adoption divides children from their biological parents,” he explained.
“Funding this program enabled the harm that it allegedly caused to class members.”
David Chartrand, president of the Manitoba Métis Federation and an intervener in the case, expressed disappointment with the ruling.
“Ultimately, the federal government needs to reflect on how they can address the inequity. How can you settle with First Nations while excluding Métis and non-status individuals?”
Chief Marcia Brown Martel plays her drum while Crown-Indigenous Relations and Northern Affairs Minister Carolyn Bennett answers questions during a news conference in Ottawa, October 6, 2017. Bennett announced a compensation package for Indigenous victims of the sixties scoop.
THE CANADIAN PRESS/Adrian Wyld
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