In a ruling released Monday, federal court judge Michael Phelan ruled that the course would cover the period from January 1, 1992 to December 31, 2019, a time frame that refers to the court’s arguments as the “Millennium Scoop.” The decision states that the victims include Indians and non-Indians, young Inuit and Métis and their families who did not live in shelters. The class demands various damages, restoration and recovery of specific expenses on behalf of the affected children and families. Phelan’s decision says that granting certification for a single group action will prevent the prospect of 13 separate provincial and territorial actions “being pursued by one of Canada’s most disadvantaged groups”. “The court is not convinced that the issues are only theoretically common. Individual provincial / territorial welfare practices should be taken into account, whether the claim is in this court or in several courts,” the ruling said. The federal government has argued in court that provinces and territories should be involved in legal proceedings, but the judge says the Crown has not considered how a national class action could be taken. Phelan says of the “judicial economy”, a single national process is more effective. “Canada has repeatedly stated that it seeks reconciliation and resolution. Despite the long period during which the offenses occurred, this did not happen and there was no indication that it was possible or that there was a vehicle for resolution,” the ruling said. Plaintiffs’ attorneys allege that the federal government’s actions violated the Charter of Rights and Freedoms and showed systemic negligence, although the claims have not been substantiated in court. Vancouver attorney Angela Bespflug, speaking on behalf of the plaintiffs, said the certification “marks a major change in legislation” because the federal government now has to explain why it treats children in reserve differently from those living in reserve. “It is fundamentally wrong for Canada to agree to compensate children in detention while leaving children out of reserve in the cold,” Bespflug said in a statement issued by law firm Murphy Battista. The federal government reached an agreement in principle last year to pay $ 40 billion to back-up youths and their families affected by discriminatory funding practices related to the child welfare system. Current data show that the vast majority of indigenous children arrested and placed in state care are indigenous children out of reserve, according to Murphy Batista. The allegation is based on Canada’s duty to protect arrested Indigenous children from harm, especially with regard to the loss of Aboriginal identity. Cindy Blackstock, executive director of the First Nations Child and Family Caring Society, says that compared to the amount of school-time at home, three times as many children are in state care today. “Canada has apologized for housing schools, but has pursued the same policies under a different name,” Blackstock said in a statement. “We call on Canada to stop fighting indigenous children in court and to speed up the punishment and finally bring about the changes needed to rectify this deeply damaged system,” he said.
