TORONTO, June 22, 2018 /CNW/ - Koskie Minsky LLP in Toronto announces that the Ontario Superior Court of Justice denied the motion for approval of the national Sixties Scoop settlement agreement in reasons for decision dated June 20, 2018. This decision conflicts with a decision of the Federal Court dated May 11, 2018 in which the settlement agreement was approved.
The term "Sixties Scoop" refers to the practice in Canada whereby Aboriginal children were taken ("scooped up") from their families and placed in foster homes or adoption with non-Aboriginal homes. These "scooped" children lost their identity as Aboriginal persons and suffered mentally, emotionally, spiritually, and physically.
The national Sixties Scoop settlement agreement was concluded in November 2017. In order for it to be implemented, it must be approved in its entirety by both the Federal Court and the Ontario Superior Court of Justice. The settlement agreement states, "None of the provisions of this Agreement will become effective unless and until the Courts approve all the provisions of this Agreement." It also states, "This Agreement will not be effective unless and until it is approved by the Courts or confirmed on appeal, and if such approvals are not granted by each of the Courts on substantially the same terms and conditions […] this Agreement will thereupon be terminated and none of the Parties will be liable to any of the other Parties hereunder." The term "Court" is defined in the Settlement Agreement as "either: a) the Ontario Superior Court of Justice; or, b) the Federal Court".
Since the Ontario Superior Court of Justice did not approve the national Sixties Scoop settlement agreement in all respects, the settlement agreement is not yet effective. The parties to the settlement agreement are considering their respective options. All options are on the table.
Koskie Minsky LLP, based in Toronto, is one of Canada's foremost class action, pension, labour, employment and litigation firms. Its class actions group has been a leader in class actions since 1992 and has prosecuted many of the leading cases in the area. For example, Koskie Minsky LLP was counsel in Cloud v. Canada, the first Indian Residential Schools class action certified in Canada which was settled for $5 billion. Koskie Minsky LLP was also counsel in Dolmage v. Ontario and three other related cases against the province of Ontario on behalf of thousands of people with disabilities which were settled for more than $107 million.
SOURCE Koskie Minsky LLP
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