The Federal Court of Canada has certified a class-action lawsuit against the federal government on behalf of off-reserve Indigenous children who were taken from their families and placed in non-Indigenous care.
In a decision released online Monday, Federal Court Judge Michael Phelan ruled the class period will cover from Jan. 1, 1992 to Dec. 31, 2019, a time frame referred to in court arguments as the "Millennium Scoop."
Phelan's decision says granting certification for a single class-action would avoid the prospect of 13 provincial and territorial separate actions "being pursued by one of Canada's most disadvantaged groups." The plaintiff's lawyers allege the federal government's actions breached the Charter of Rights and Freedoms and demonstrated systemic negligence, although the claims haven't been proven in court.
The federal government reached an agreement in principle last year to pay $40-billion to on-reserve youth and their families affected by discriminatory funding practices related to the child-welfare system.
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