There is a claim, called Varley v Canada, that is a class action on behalf of Métis and non-status Indian Survivors of the Sixties Scoop. This claim is against the Canadian federal government. The MMF is participating in this case as an intervenor, meaning the MMF can contribute to the arguments and the positions taken by the parties to the claim, but the MMF is not responsible for decision-making regarding the claim or moving the claim forward. The Federal Court decision in Varley was appealed, and a hearing will be set soon in the Federal Court of Appeal.
Two claims have been filed in the Manitoba Court of King's Bench addressing the impact of the Sixties Scoop specifically on Red River Métis. These are:
These claims are both different than the class action, Varley v Canada, that is under appeal to the Federal Court of Appeal. The Varley case is a class action on behalf of Métis and non-status Indian Survivors of the Sixties Scoop and is specifically against the Canadian federal government. The Plaintiffs in Varley are represented by Koskie Minsky LLP and Paliare Roland Rosenberg Rothstein LLP.
The class action filed by the MMF is not against Canada, only Manitoba. For this reason, Red River Métis Survivors of the Sixties Scoop are now represented in claims against both Canada (through Varley) and Manitoba (through the MMF and Beck claim). The Varley claim does not make any claims on behalf of the Red River Métis collectivity.
The claims were filed in Manitoba because the Government of Manitoba is a defendant in both actions and also because most Red River Métis are located in Manitoba or have a connection to Manitoba.
A class action is a type of legal proceeding that allows individuals to pursue a claim together. In order for this to take place, a class action has to go through what is called a certification process. Certification is what allows a claim to move forward in the court process and is the first step.
After certification, the exact description of who is eligible to be a part of the class will be available. The class action at that point will still need to go through the legal process, which will involve a trial of the merits or a settlement.
The collective claim in Manitoba against both the Province of Manitoba and Canada is on behalf of Red River Métis as a collectivity. It is not pursued on behalf of any specific individual(s) but focuses on the damages incurred by the Sixties Scoop on the Red River Métis collectivity. This includes cultural, linguistic and social harm.
The class action in Manitoba is on behalf of individual Red River Métis Survivors of the Sixties Scoop. Class actions seek compensation for individuals and follow a specific court process.
The proposed class includes all Red River Métis persons who, from 1939-1991 were apprehended by Manitoba's employees, officers or agents, including provincial CASs, and placed in the care of non- Red River Métis foster or adoptive parents.
More specific information about eligibility will be provided at a later point in the legal process. If you would like to receive updates on the litigation, please provide your contact information through this form.
No one is entitled to any compensation at this stage. However, the proposed class includes Survivors only, not the children of Survivors or any other family members. Deceased class members may be eligible to have compensation paid through the deceased class member's estate.
No. If the lawsuit is certified, and you are a part of the class as defined and accepted by the Court, you are automatically included in the lawsuit.
Those who do not wish to remain in the class will be given the opportunity to opt-out by sending an opt-out form later in the legal process.
The next immediate step is the certification hearing, which counsel expects to be in early 2027. This site will be periodically updated when there is more information about timing and dates.
The MMF 60s Scoop Department can be contacted at: info.ssrs@mmf.mb.ca.
Ainfo.ssrs@mmf.mb.ca x204-586-8474 TF 1-877-595-2194
200 Main Street
Winnipeg, Manitoba, Canada, R3C 1A8
x204-586-8474 TF 1-877-595-2194
Ainfo.ssrs@mmf.mb.ca
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