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Showing posts with label class action. Show all posts
Showing posts with label class action. Show all posts

Thursday, December 12, 2024

Otipemisiwak Métis Government to Advocate for Alberta Métis in Sixties Scoop Hearing

December 10, 2024 (Edmonton, AB) – A class action aiming to hold Canada accountable for the harms it inflicted on Métis and non-status Indian children in the Sixties Scoop is currently before the courts. From December 9-12, the Otipemisiwak Métis Government will participate as an intervener in the summary judgment hearing in Varley et al v. The Attorney General of Canada (“Varley Action”). The Otipemisiwak Métis Government is seeking justice for the many Métis children taken from their parents, families, and communities in this heinous act of cultural genocide.

“This week marks a pivotal moment in our ongoing journey toward justice for Métis Citizens who—through no fault of their own—were victims of Canada’s deliberate efforts to erase their identity as Indigenous people,” said Andrea Sandmaier, President of the Otipemisiwak Métis Government. “While we remain hopeful that the Court will recognize Canada’s responsibility for its actions—taking our children, disrupting our families, and stripping us of our ability to pass down our language, traditions, and culture—we know that true justice extends beyond addressing the harm done to individual victims. Our government is committed to holding Canada accountable for the profound damage inflicted on the Métis Nation within Alberta as a collective. We will continue to work tirelessly to ensure our future generations are rooted in the richness of our Métis heritage.”

Brooke Bramfield, Secretary of Children and Family Services for the Otipemisiwak Métis Government, added, “the Sixties Scoop tore children away from the heart of their Métis identity, leaving scars that continue to affect families and communities today. As a government, we continue to seek accountability as we work to ensure that future generations of Métis children never experience the same erasure of their culture, language, and heritage.”

The Varley Action was brought in the wake of the 2018 Sixties Scoop settlement, which excluded Métis and non-status Indian victims from the compensation Canada promised victims.  The summary judgment motion will address whether Canada had a responsibility to protect Métis and non-status Indian children who were taken from their families in the Sixties Scoop, and if Canada had a special obligation to act in the best interests of those children. Canada, for its part, denies responsibility and argues that the victims’ claims are out of time because the limitation period has lapsed.

LINK:  https://albertametis.com/news/otipemisiwak-metis-government-to-advocate-for-alberta-metis-in-sixties-scoop-hearing/

Monday, January 17, 2022

Largest settlement in Canadian history: Feds release details of $40B deal

 SOURCE

 

The federal government has unveiled its $40-billion agreement in principle to provide compensation to First Nations children and their families harmed by an underfunded child welfare system and establish long-term reform.

As a result of the largest class action lawsuit in Canadian history, Ottawa will provide $20 billion to children on reserve and in the Yukon who were unnecessarily removed from their homes between April 1, 1991 and March 31, 2022. This extends to their parents and caregivers. Compensation will also be provided to those impacted by the narrow definition of Jordan’s Principle between Dec. 12, 2007 and Nov. 2, 2017.

Children who didn’t receive essential public services between April 1, 1991 and Dec. 11, 2007 will also be eligible for financial reparation.

The second half of the funding will go towards reform of the First Nations Child and Family Services Program, to be spread out over five years.

Approximately $20 billion will support young First Nations adults transitioning out of the child welfare system, as well as bolster prevention mechanisms to keep children at home, in their communities – work that’s expected to start in April, 2022.

KEEP READING 

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Indigenous child welfare settlement leaves out Sixties Scoop survivors: advocate

Reaction to $40B settlement not all positive
A settlement that may become the largest ever in the history of Canada is raising concern among some over the specific date of April 1, 1991 being the cut-off point for Indigenous people to be eligible for compensation. Mark Neufeld reports.

By Mark Neufeld

Summary

  • Ottawa secured agreements in principle to compensate First Nations children harmed by its underfunding of child welfare
  • If the $40 billion agreement is approved, it would represent the largest settlement in Canadian history
  • But an advocate says the cut-off dates for the potential settlement excludes Sixties Scoop survivors

While welcoming an agreement in principle to compensate children harmed by Canada’s underfunding of child welfare, an Indigenous organization says it also excludes many Indigenous people – specifically Sixties Scoop survivors.

The federal Liberal government says of the $40 billion earmarked to be spent on the matter, $20 billion will pay for compensation and the other $20 billion will be spent on reforming the system over five years.

It says First Nations children living on reserve and in the Yukon who were removed from their homes between April 1, 1991, and Mar. 21, 2022, are set to be compensated, along with their parents and caregivers.

If the agreement is approved, it would represent the largest settlement in Canadian history.

But not everyone agrees with the cut-off dates for the potential settlement.

“I feel like they could have expanded it a little bit more to include those of us taken before 1991 and those of us taken off reserve,” said Katherine Legrange, the director of 60s Scoop Legacy of Canada.

“I think overall it’s a good thing, I just wish they had consulted with Sixties Scoop survivors and our families to include us if possible.”


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The Sixties Scoop is when an estimated 20,000 Indigenous children were taken from their families and placed in non-Indigenous homes over a period of about three decades.

The Canadian government maintained it was acting in the best interests of the children.

Some survivors remain displaced and disconnected from families and their home communities to this day.

For First Nations children and families that are included in the settlement, Legrange cautions there could be a reopening of old wounds and relived traumas over the historical harms done to them.

She believes the guidance of First Nations elders and caregivers will be needed to prevent more pain as people come forward in the settlement.

“We need to, as Indigenous people, need to lead what that looks like,” said Legrange. “Have an advisory committee and figure out what’s the best way. How do we do this while mitigating the risks and harm to people?”

 

Friday, January 7, 2022

Canada does it first, is America next?


I don't know about you but I saw this coming - that the Truth and Reconciliation (TRC) in Canada would end with money paid to victims. Canada is first. Will America be next? Or Australia?... Blog Editor TLH

In Largest Settlement in its History, Canada Comes to Agreement in Principle in Child Welfare Lawsuit

NY Times Coverage here

The Canadian government announced Tuesday that it had reached what it called the largest settlement in Canada’s history, paying $31.5 billion to fix the nation’s discriminatory child welfare system and compensate the Indigenous people harmed by it.

Agreement in principle/press release here

For those who were following this case, it involves the First Nations Child and Family Caring Society, which is led by Cindy Blackstock. The settlement attempts to reform Child and Family Services and address Jordan’s Principle. This is a major settlement and significant milestone for Native children and families in Canada.

Wednesday, January 5, 2022

Another class action for Indigenous children off reserve #EveryChildMatters

 


This proposed class action alleges that Canada failed to take reasonable steps to protect and preserve the aboriginal identity of the Indigenous children and youth who were apprehended. Canada denied Indigenous children and youth any reasonable opportunity to maintain connections to the language and territory of the Indigenous community, group or people to which they belonged. Canada’s actions also denied Indigenous peoples’ their inherent right to jurisdiction over child and family services. This lawsuit alleges that Canada should have taken steps to safeguard the wellbeing of apprehended Indigenous youth and children and ensure that Indigenous youth and children, and their families, were advised of any federal financial benefits to which they may have been entitled; this lawsuit alleges that Canada failed to do so. 

This conduct was systemic, lasted for decades, and eradicated the language, culture, and heritage of Metis, Inuit, and Status and Non-Status Indian (First Nations) children and youth in care. The parents and grandparents of apprehended children and youth were also harmed; in my cases, these parents and grandparents never saw their children and grandchildren again.

 

Monday, July 6, 2015

Third lawsuit challenging ICWA

baby selling was rampant

From the press release we received. This will become the third ongoing federal lawsuit challenging ICWA:

Goldwater Institute to File Class Action Lawsuit Against Indian Child Welfare Act

Institute launching Equal Protection for Indian Children Project to reform federal and state laws that discriminate against abused and neglected Native American children

Contact: Starlee Coleman, (602) 758-9162

Phoenix—Tomorrow, Tuesday, July 7, the Goldwater Institute will launch a new project to reform the Indian Child Welfare Act and similar state laws that give abused and neglected Native American children fewer rights and protections than other American children. Part of this project will be a class action lawsuit.

“When an abused child is removed from his or her home and placed in foster care or made available for adoption, judges are required to make a decision about where the child will live based on the child’s best interest. Except for Native American children. Courts are bound by federal law to disregard a Native American child’s best interest and place the child in a home with other Native Americans, even if it is not in his or her best interest,” said Darcy Olsen, president of the Goldwater Institute. “We want federal and state laws to be changed to give abused and neglected Native American children the same protections that are given to all other American children: the right to be placed in a safe home based on their best interests, not based on their race.”

On July 7, the Goldwater Institute will file a federal class action lawsuit to challenge the constitutionality of core provisions of the federal Indian Child Welfare Act. The same day, the Institute will release an investigative report that documents how federal law leaves Native American children with fewer protections under the law than all other American children, and the serious consequences that have resulted from this unequal treatment. Recommendations for changes to state and federal law will also be announced.

Two weeks ago both the House and Senate passed the Native American Child Protection Act that for the first time requires prospective adoptive and foster parents to be fingerprinted. The Bureau of Indian Affairs is currently considering turning recent guidelines into formal federal rules that would further entrench the legal discrimination against Native American children.

Clint Bolick, the vice president of litigation at the Goldwater Institute, litigated a class action in Texas in 1995 that was the impetus behind the federal Multi-ethnic Placement Act, which outlawed delays or denials in foster care or adoption placements on the basis of the race, color, or national origin of the child or the adults involved.

Media is invited to watch via live stream a press event that will formally announce the details of the lawsuit, release the investigation, and policy recommendations, and screen an original 8-minute documentary film. The briefing will feature Dr. William B. Allen, the former chairman of the U.S. Commission on Civil Rights.

 What:              Press conference announcing the Equal Protection for Indian Children Project and federal class action lawsuit
When:             Tuesday, July 7, 2015, 9:00 a.m. Pacific time
Who:               Press event will feature Darcy Olsen, president of the Goldwater Institute; Clint Bolick, the Institute’s vice president of litigation; Mark Flatten, the author of the Institute’s investigative report to be released; Dr. William Allen
 Please contact Starlee Coleman at scoleman@goldwaterinstitute or (602) 758-9162 with questions.

Tuesday, June 16, 2015

Why isn't there a US Truth and Reconcilation Commission?

Last Thursday, with tears, a few angry remarks, and a traditional folk song, some of those children came together at the University of Southern Maine to share their experiences.
a new 2nd Edition is coming out in 2015
More than 100 people turned out  to hear Passamaquoddy tribal members Esther Ann Altvater and Denise Yarmel Altvater discuss the plight of Maine's Wabanaki people in the state's child welfare system.
The meeting also educated the public about Maine's Truth and Reconciliation Commission. The commission, signed into law in June, is the first such group formed between Indian nations and a state government.
Truth and reconciliation commissions are fact-finding groups that investigate past wrongdoings by government. One of the most well-known commissions was created to study the effect of apartheid in South Africa. Only one other commission has been organized in the United States, a group that examined the 1979 massacre of five protesters in Greensboro, N.C.
The goal of the Maine commission is to record the experiences of the Wabanaki ("dawn land people") with the state's child welfare system, provide feedback on how the system can improve its work with Wabanaki children, and help native people heal.
"When I was very young, my sisters and I were removed from the reservation where we lived. The reservation was the world, and I didn't think anything else existed," Denise Altvater said.
"Then one day, strangers showed up, put our stuff into garbage bags, and drove us off. And the more they drove, the more our world disappeared into nothing. They brought us to this horrible place where we were basically tortured for four years."
Others attending the meeting shared similar stories. One man told the audience how he was taught to be ashamed of his Wabanaki heritage, and refused to help his mother comb her dark Indian hair.
Forced relocation was common in Maine for many years. It began in the 1870s, when church groups took Indian children and sent them to schools where they were forbidden to speak their own language, wear their own clothes or practice their own religion.
In 1958, the federal Bureau of Indian Affairs and the Child Welfare League of America began a 10-year "experiment" to place 1,000 Indian children in the foster care of white families. While the federal government initially thought the experiment would be a success, Native Americans have called it cultural genocide.
While it's not known exactly how many of those children were taken in Maine, the state placed them in white homes at a rate many times higher than other states, according to the commission.
At one time, the state had taken custody of 16 percent of all children in the Maliseet tribe, one of the four Wabanaki tribes that still exist in Maine. Originally, the tribes numbered more than 2o.
In 1978, the federal government passed the Indian Child Welfare Act, which gave Native American children more protection and recognized that a child's tribal citizenship is as important as a family. But in the 1990s, federal officials cited Maine's Department of Health and Human Services as "failing" in its compliance with the ICWA.
The commission is one attempt to correct that failure.
"One of the most distinct aspects of this initiative is that there is no shame and blame, but just people from the tribes and the state who are committed to making sure this never happens again," said Chief Kirk Francis, one of the Maine five tribal chiefs who signed the agreement creating the commission with Gov. Paul LePage.
For Denise Altvater, the work of the commission is more than the letter of the law.
"We can work together to make sure everyone simply follows law and policies," she said. "Or we can go deeper to figure out how to make changes because it is the right thing to do."

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