Indigenous child welfare settlement leaves out Sixties Scoop survivors: advocate

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

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?”

Mary Burton, who co-founded a non-profit service that works to reunify parents with children who have been separated by the child welfare system in Manitoba, says the agreement in principle took far too long to achieve.

Burton knows firsthand the pain and suffering associated with being removed from a family. She is glad to see $20 billion set aside to help reform the First Nations Child and Family services program, and says she hopes it ensures the discrimination that occurred never repeats itself.

Burton says funding for services to help children and families stay together is critical going forward.

“I aged out of care at 18 years old. I was apprehended at age 10, and my siblings and I were all taken away from my mother,” said Burton, the executive director and co-founder of Fearless R2W.

“Like housing, social services, suicide prevention, you know that was really, really important in my books that that was being put in place.”

The government and all parties involved say this process will unfold over the course of 2022 and more information on specific details will be shared once the settlement is finalized.

In a statement, Minster of Indigenous Services Patty Hajdu said: “For too long, the Government of Canada did not adequately fund or support the wellness of First Nations families and children. First Nations leadership and advocates have long pushed the Federal Government to change these discriminatory practices.

“First Nations children thrive when they can stay with their families, in their communities, surrounded by their culture.”

Added Premier Justin Trudeau: “There’s still a lot of work to come. We’ve signed these agreements, now we have to make the changes.”

—With files from The Canadian Press.

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