Sixties Scoop Attorney Makes Akwesasne Presentation

On April 18 attorney Jessica Braude from the Wilson-Christen law firm in Toronto came to Akwesasne to meet with possible claimants in the Sixties Scoop class action suit against Canada.

After nine years of work Ms. Braude was able to report that the government Canada has accepted liability in the $1.3 billion case. On February 14th Ontario Superior Court Justice Edward Belobaba ruled that Canada had breached it obligations to work in tandem with Native governments in regards to foster care and that as a result thousands of Native children were taken from their territory homes with subsequent harm to their physical, culture and mental well being.

The Federal government had 30 days to appeal the ruling but elected not to do so.

Ms. Braude told the Akwesasronon at the Kawehnoke meeting that the hurt endured by the Native children was so extensive that the federal government may have wanted to avoid a repeat of the residential school hearings and the raw testimony which came from those sessions.

She said the lead claimant was Marcia Brown Martel of the Temagami people. Ms. Martel was forcibly removed from her home and place with non-Natives resulting in physical alienation and a loss of language and culture. She agreed to be the lead person in the almost decades long case.

When asked how many children were removed Ms. Braude said that least 16,000 and as many as 20,000 from 1965-1985 in Ontario alone. She responded to a question regarding the existence of records by saying neither Ontario or Ottawa knew precisely how many children were affected. From what she can find out there were hundreds of Akwesasne Mohawks “scooped” up and removed from the territory. No one, she said, was admitting to having those records. Her firm has tried but needed the help of individual Mohawks to arrive at an overall number of possible claimants.

So how will her firm determine who is a legitimate claimant? The first step is to have anyone who believes they were taken to sign a general form available by contacting this site: [email protected] or by calling her office at 416-360-5952.

Mohawk Council of Akwesasne chiefs Dooley Thompson and Louise Thompson were present to observe and to assist with any questions. Also present was former MCA chief Billy Sunday and archivist Bernice Lazore.

Details were given as to how the government took the children. It began when a nurse working for the Department of Indian Affairs went to a home, uninvited or not, and decided that the children were at risk. Federal officials believed it was not necessary for the nurse to consult with the then St. Regis Band Council to make a determination nor did the family have the right to challenge the report or refuse to surrender their children. The report of the nurse recommending removal was given to the Indian Agent and then enforced by the Royal Canadian Mounted Police who returned to the home and used the threat of arrest if the children were not given up.

Once the Native children were taken, the families had no way of knowing where they placed so contact was very difficult. None of the children were given access to their parents or those siblings who were not taken.

But how many? The terrible thing is no one knows. How many did we lose? Where are they? How do we get them back? How to put a dollar value on their suffering? Do we have to go through the humiliating processes set up by the federal government’s Independent Assessment Process in which the victims of abuse at the residential schools are required to prove each incident?

Ms. Braude said the determination as to individual settlements would stem from affidavits and documents when possible. Her firm would avoid the IAP methods. Over the next few months Ms. Braude will be involved in discussions with the federal government as to when the payments will be made which may take many months.