Sixties Scoop Class Action

Settled Class Action
Aboriginal Totem Pole

This class action lawsuit has been filed against the Government of Canada. The lawsuit alleges that Canada negligently delegated Indigenous child welfare services to the Province of British Columbia. Ignoring its obligations to Indigenous children, Canada took no steps to prevent them from losing their Indigenous identity and the opportunity to exercise their Indigenous and treaty rights when they were placed in foster homes and adopted by non-Indigenous families.

On Friday, October 6, 2017, a settlement in principle was reached to resolve the sixties scoop class actions across Canada. The settlement has been approved by the courts and the claim centre is now open.  To read the official Notice of Settlement, click here.

The settlement is for the loss of culture, language, and identity. It does not cover claims for abuse while in care. The settlement is for individuals:

  • registered or eligible to be as Indians (as defined in the Indian Act) and Inuit, and
  • who were removed from their homes in Canada between January 1, 1951, and December 31, 1991, and
  • who were adopted or made permanent wards and placed in non-Indigenous homes

The federal government will pay up to $800 million to settle all claims across Canada.  Individuals are expected to receive $25,000-$50,000 each depending on how many claimants come forward and are approved. A minimum of $50 million will be used to create a Foundation that will provide counseling and healing to class members.

The deadline for filing claims is August 30, 2019.  The process to apply for compensation is a simple claim form, which can be completed without the need to hire a lawyer. To obtain the Claim Form, click here.  Details of the settlement are on the Administrator’s website.   You can contact the Administrator by phone or e-mail:  notice/opt-out please call 1-844-287-4270 or email

If you wish to pursue a claim that is outside the scope of the class action, such as physical or sexual abuse while in care, you should immediately contact a lawyer to obtain legal advice and/or representation with respect to that claim. There may be strict time limits within which you must act in order to protect your rights.

Additional information and discussions can be followed on Facebook (and here), and on Instagram.

Court Documents
British Columbia
Sixties Scoop Class Action
In The News
Skill, Diligence, and Experience of Counsel

“The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.”

Sawatzky v. Société Chirurgicale Instrumentarium Inc., 1999 CanLII 6982 at para. 11

“I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized...”

Fischer v. Delgratia Mining Corp, [1999] B.C.J. No. 3149 at para. 23

“Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions..”

Knudsen (Guardian of) v. Consolidated Food Brands Inc., 2001 BCSC 1837 at para. 40

“Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution...”

Killough v. Canadian Red Cross Society, 2001 BCSC 1745 at para. 28

“The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions.”

Fakhri v. Alfalfa’s Canada Inc., 2005 BCSC 1123 at para. 23

“Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators.”

Jeffrey v. Nortel Networks Corp., 2007 BCSC 69 at para. 29

“…Plaintiff’s counsel retained the British Columbia law firm of Klein Lawyers to assist in the litigation. That firm has extensive experience...”

Rideout v. Health Labrador Corp, 2007 NLTD 150 at para. 156

“Klein Lawyers is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office.”

McSherry v. Zimmer GMBH, 2012 ONSC 4113 at para. 21

“The proposed Class Counsel have excellent qualifications…”

Parker v. Pfizer Canada Inc., 2012 ONSC 3681 at para. 130

“Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions...”

Stanway v. Wyeth Canada Inc., 2015 BCSC 983 at para. 39

“Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years”

Merlo v. R, 2017 FC 533 at para. 34

“British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services.”

Jeffrey v. Nortel Networks Corp, 2007 BCSC 69 at para. 73

“Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.”

Merlo v. R, 2017 FC 533 at para. 84

“Klein Lawyers has continuously posted updates about the case on its website during the litigation, and has posted the court decisions...”

Richard v. British Columbia, [2010] B.C.J. No. 1363 at para. 20

“There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement...”

McSherry v. Zimmer GMBH, 2016 ONSC 4606 at para. 38

“…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the...”

Merlo v. R, 2017 FC 533 at para. 12
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