After doing a bit of digging and research, it looks like any #60sScoop survivors from the Yukon, NT, and Nunavut won't be able to file against their respective Territories for any kind of abuse they may have suffered.
The Territories were under jurisdiction of Ottawa and INAC until Devolution in 1967. The department responsible for CFS was not turned over to the Territorial Government until 1985.
Part of the #60sScoop agreement says by taking the settlement, you are not able to continue any further legal action against Canada in any manner.
This is a problem for anyone who was taken from the Territories, since they were still under jurisdiction of INAC at the time.
Lawyers knew this and they pushed through the deal without telling anyone from the 3 Territories about this.
This includes the 4 law firms who represented survivors.
With the opt out period about to close on October 30, I'm not sure what can be done at this time.
I believe there are appeals going forward challenging the agreement.
There are also problems with BC and Alberta in regards to class actions against them for abuses as well.
In BC, no abuse suffered before 1974 will be admitted to or compensated for.
In Alberta, it looks like almost all survivors will be unable to pursue legal action.
Both of these provinces have settled cases against Child welfare. In both cases Klein, one of the 4 main law firms who settled the #60sScoop class action were directly involved.
Klein is also now entitled to part of the $37.5 million dollar pay day from the federal settlement
After realizing all this, I'm feeling betrayed by the law firms who were supposed to have #60sScoop survivors best interest in mind when the agreement was finalized.
Also feeling a bit defeated.
I have spoke up in favor of this agreement. I was told by these law firms that survivors would receive money for abuse from the provinces and territories. I wanted this healing foundation to start up and help survivors.
I feel like I've lied to many survivors.
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A white man and an elderly Native man became pretty good friends, so the white guy decided to ask him: "What do you think about the Indian mascots?" The Native elder responded,
"Here's what you've got to understand."
"When you look at black people, you see ghosts of all the slavery and rapes and the hangings and the chains. When you look at Jews, you see the ghosts of all those bodies piled up in death camps."
"And those ghosts keep you trying to do the right thing. But when you look at us you don't see the ghosts of the little babies with their heads smashed in by the rifle butts at the Big Hole, or the old folks dying by the side of the trail...."
This last weekend, I attended a gathering of fellow Inuvialuit. I went with my family. As usual, I felt awkward, like I didn't fit in. Most 60s scoop survivors feel like that.
Being Inuvialuit isn't what I'm trying to be, its who I am.
I run the same race as every other Inuvialuit and Indigenous person. I get the same judgment, the same stereotype as the rest. I was raised differently. It has not changed who the Creator made me to be.
I'm tired of feeling inadequate at functions. I'm tired of apologizing for not knowing my culture. I'm doing my best to learn.
If there are any Indigenous people who get a chance to meet 60s scoop survivors, please help them. Welcome them.
You took my Mom at 6 years old. Put her and her siblings in residential school.
You took me away at birth and told her to get over it. Told her I would be better off with white people.
You withheld medical treatment to her and her family who lived in the Arctic
You said they drank too much. You said they shouldn't waste time and resources on a bunch of drunk Natives. Lies. They all worked. They all paid taxes. All paid for housing. We earned our keep there.
You withheld cancer treatment to my Mom's partner of 25 years. When he died, she spoke out. They blacklisted her. Stopped booking her medical appointments. Said there was no openings for her. You did that for several years.