By Kelly Malone

Lawyer says province’s apology will help with 60s Scoop lawsuit

Jun 25, 2015 | 12:56 PM

The Saskatchewan Government’s plan to apologize to victims of the 60s Scoop holds even more weight because of a class action lawsuit, according to Regina lawyer Tony Merchant.

Merchant’s law firm launched a class action suit on behalf of victims of the federal program last year. After Premier Brad Wall announced the government is planning a formal apology, Merchant said they will be applying for certification on Thursday.

“I commend the premier for apologizing. He’s been told by his lawyers that the effect will be that it makes it easier for us to recover on behalf of the Indian and Metis people who were wronged,” Merchant said. “That makes the apology all the more genuine and appreciated.”

Merchant explained that an apology is not precisely evidence but is “some basis in fact”.

“You establish the wrong was there and there should be compensation for the wrong,” Merchant said.

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Merchant filed for certification in Manitoba last week after Premier Greg Selinger apologized to victims in his province. He said although the certification process will take months, 92 per cent of cases are settled after.

“When a court says there is validity to the case, there is sufficient validity to go forward, very frequently particularly governments look to try to settle,” Merchant said.  

The class action suit includes “a couple of thousand people,” Merchant said, adding they expect more to contact them. They’ve sued both the federal and provincial government, but Merchant says a large responsibility lies with Ottawa.

“They all have to be sued individually because it was a combination of wrong of the federal and provincial government. I think more the federal government is at fault than the provincial government,” he said.

“The wrong by the province was putting the children into the federal program which was called the ‘Adopt Indian Métis program’ or as known in the aboriginal community as the 60s Scoop and sometimes known as the Lost Boys.”

Metis Nation of Saskatchewan president Robert Doucette was a victim of the 60s Scoop. He said an apology is something he had hoped for his entire life but he specifically is not looking for financial compensation.

“Nobody can give me back the knowledge that my grandmother and my grandfather, my mooshum and my kookum, would have shared with me,” Doucette said.

“I know some people may want compensation, and maybe they deserve it. I’ve heard a lot of abuse stories and things that just boggle the mind on top of the residential schools. For me, I don’t want that.”

Federation of Saskatchewan Indian Nations Interim Chief Kimberly Jonathan is pleased with Wall’s decision to form an official apology instead of saying it off the cuff.

“He’s going to do due diligence and he’s going to be in contact with the families that are affected,” she said. 

“When these families come together and the people start to heal, it’s good for all of Saskatchewan. It’s good for all of Canada. It’s good for society.”

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