Sixties Scoop Survivors’ Settlement Cheques Delayed

UPDATE: As of January 25, 2021, nearly 9,700 Sixties Scoop Survivors are reportedly still waiting to find out if they’ll receive compensation in the $875 million class action settlement. 

The Canadian government agreed to settle with Sixties Scoop survivors back in 2017 and the claims period ended 16 months ago, but thousands of applicants are still stuck in limbo. 

Initially, Collectiva, the claims administrator, had until May 31 to process the applications and report the final number of eligible claims. However, that deadline was suspended in April due to the coronavirus pandemic and a new one has yet to be set.  

Collectiva has also stopped denying claims saying in part, “given the current public health circumstances, we are continuing the pause on denying applications for the time being. What that means is that no claim will be denied during this time. However, we are actively assessing claims and, where possible, approving them and issuing interim payments” according to the settlement website update. 

Sixties Scoop survivors say they’re fed up and they want Collectiva’s deadline reinstated, according to a letter reportedly sent to class counsel.  

“The deadlines should all be reinstated and a final tally of numbers be reported to Canada by May 31, 2021, or sooner, so that final payments can begin to flow to survivors, and so people can move on and heal.”

The letter makes other recommendations including, sending a reminder letter to claimants who need to submit more information and including interest in claimants final payments after May 31. The requests were denied, according to The Tyee. 

Top Class Actions will continue to follow this lawsuit settlement and report updates as we learn more. Click on the “Follow Article” at the top of this page to get the latest updates about the Sixties Scoop settlement by using your free Top Class Actions account. For the latest updates, keep checking ca.TopClassActions.com or sign up for our free newsletter. 

Interim Payments to Sixties Scoop Survivors Approved, Amid COVID-19 Delays

Citing obstacles created by the COVID-19 pandemic, the Federal Court has reportedly approved a request to delay payments to Sixties Scoop survivors. Interim payments of $21,000 will reportedly be sent to people whose applications under the Sixties Scoop settlement have already been approved.

Sixties Scoop survivors include those who were involuntarily taken from their Indigenous families and placed in foster and adoptive homes. According to reporting by the CBC, the practice spanned a number of decades, from the late 1950s through early 1990s. Practices were instigated by a series of provincial policies enacted by welfare agencies that saw Indigenous children taken from their homes and placed in a white home. The now-adult children subject to these policies say they lost their culture and family and many were victims of abuse.

In 2017, the government of Canada agreed to pay Sixties Scoop survivors, along with First Nations, $750 million. The amount of each survivor’s payment would depend on the number of eligible claims submitted and the claims process opened last year.

According to a recent report by the CBC, the Sixties Scoop settlement process has been delayed by challenges posed by the COVID-19 crisis. The claims administrator, Collectiva, has reportedly received nearly 35,000 claims, but has only processed 40 percent of that total.

In late March, at the beginning of the COVID crisis, a federal judge reportedly ordered payments of $25,000 be made to qualifying Sixties Scoop Class Members “, once more than 4,767 claimants’ applications have been fully and finally rejected without further opportunity for review or reconsideration.” However, the process is now further delayed as coronavirus related restrictions drag on.

One of the lawyers representing Class Members told CBC News reporters that the process has been delayed by the closure of provincial archives that claims assessors need to determine whether a claim is eligible.

“Our priority right now is to get eligible class members the payments they are owed as quickly as possible,” the lawyer told reporters. “I know that these delays have taken a real emotional toll on many people and I am personally committed to getting survivors both the information and the justice they deserve.”

In a recent order, Justice Michael L. Phelan allowed Sixties Scoop survivors who have made claims that were determined to be eligible. Claims will be paid out at $21,000 and are considered interim.

Sixties Scoop Survivors Frustrated With Settlement Process

Some Sixties Scoop survivors are frustrated with the process, according to the CBC.

“We didn’t realize it would be almost four years later that we would get paid, even now we’re not even sure when,” co-founder of the Sixties Scoop Network, formerly known as the National Indigenous Survivors of Child Welfare Network, Colleen Hele-Cardinal told reporters. “We’re hearing the day school survivors are getting their money and their lawsuit started after ours. It’s very frustrating.”

Hele-Cardinal followed up with concerns about how the Sixties Scoop settlement is being handled.

“It’s not good enough. Whether we like it or not, this is what we got, even if we didn’t ask for it. It feels like a really bad deal,” Hele-Cardinal told reporters. “We want justice. We want more than just this. We want our stories shared, we want people all over the world to know what Canada did to us, and continues to do to our families.”

Another Sixties Scoop survivor told reporters that she doesn’t expect she will ever see payment.

“If I ever see a cheque, I would be surprised. I really don’t expect them to pay us,” a Sixties Scoop survivor and director of a women’s shelter for Native women in Montreal told reporters. “My whole life direction and struggles is because of the Sixties Scoop. I’ve never been impressed with the government. If they said they’re going to give it to us, then they should follow up.”

For its part, representatives for Canada’s Office of Crown-Indigenous Relations affirmed that it wants Sixties Scoop settlement payments to go out in a timely manner.

“Canada fully supports class counsel’s motion to issue partial payments to class members with a valid claim immediately,” said the Office in a statement regarding the recent judicial order on payments. “Canada has already transferred $500 million to the [claims] administrator for individuals’ compensation to allow payments to be made to the eligible class without further delay once the process resumes. The Government of Canada fully supports efforts to expedite funding wherever possible.”

Are you a Sixties Scoop survivor? What do you think about the delay in the settlement cheques? Tell us your story in the comment section below!

The Sixties Scoop Class Action Lawsuit is Riddle, et al. v. Her Majesty the Queen, Case No. T-2212-16 in the Federal Court of Canada, Ottawa, Canada.

Read More Lawsuit & Settlement News:

• Canada Federal Indian Day School Settlement
• Excluded Day School Survivors May Soon File New Class Action Against Canada
• Do You Qualify: Sexual Abuse and Assault Lawsuit
• Canadian Bank and Credit Union Overdraft & NSF Fee Lawsuit