Payments under Sixties Scoop and Federal Indian Day Schools Settlements for Indigenous Persons

Note: The following e-blast provides information on the treatment of payments under the Sixties Scoop and Federal Indian Day Schools settlements, which are expected to start in spring 2020. The payments are exempt as income and assets for social assistance. SAMS instructions are included.


INDIAN DAY SCHOOL CLASS ACTION Q&A

Quick Summary

Social assistance regulations have been amended to fully exempt, as income and assets, payments received by class members under the Sixties Scoop and Federal Indian Day Schools settlements

FYI for

  • Social Assistance Operations Division Directors

  • Social Assistance Program Managers

  • Program Supervisors

  • Ontario Works Administrators – Please distribute to Ontario Works Staff

  • Municipalities and DSSABs

  • First Nations

  • Clinic Resource Offices

To Action as Applicable

  • ODSP Caseworkers

  • Ontario Works Case Managers/Staff

What’s Happening

The federal government has settled two class action lawsuits with respect to harm and/or abuse of Indigenous persons. Payments to eligible class members are considered compensation for pain and suffering, and will be made as follows:

Sixties Scoop Settlement Agreement

Several class actions were commenced against Canada in 2006 related to the “Sixties Scoop,” which involved status Indian and Inuit children who were taken into care, placed with non-Indigenous parents and raised without their cultural traditions and traditional languages. Canada and class members have since reached a settlement of these class actions.

Amounts will vary between $21,430 and $50,000, with the exact payment to each person dependent on the number of claimants.

Federal Indian Day Schools Settlement Agreement

A class action lawsuit was filed against the federal government in 2009 related to the approximately 699 Indian Day Schools established and operated by the Government of Canada from 1920. These schools were attended by almost 200,000 Indigenous children, many of whom experienced trauma, and in some cases, physical and sexual abuse, from individuals entrusted with their care.

Each class member will receive a payment of $10,000. Many will also receive a payment between $50,000 and $200,000, in relation to specific abuse, with the exact payment to each person based on the severity of harm suffered.

Payments to class members under both of these settlements are fully exempt as income and assets for the purposes of social assistance.

Key Dates

These changes are effective immediately.

Payments for the Sixties Scoop settlement are expected to begin in Spring 2020, and payments for the Federal Indian Day Schools settlement will begin sometime thereafter.

More Information

· A Q&A document is attached.

· Updated directives will be available on the ministry website and through the SA Extranet shortly.

There are no changes to business process.

SAMS Instructions

To exempt payments from the Sixties Scoop and Federal Indian Day Schools settlements as income, staff must complete the following in SAMS:

  • Enter the payment using ‘Benefit Income’ evidence, under the Benefit Type of ‘Other Government Income’ and select the Exemption Reason as ‘Other exemption approved by Director/Administrator’.

  • Enter “Sixties Scoop and Federal Indian Day Schools settlements” into the comment box to indicate that a workaround has been applied to the case.

To exempt payments from the Sixties Scoop and Federal Indian Day Schools settlements as assets, staff must complete the following in SAMS:

  • Enter the asset using ‘Liquid Resource’ evidence type of ‘Receivable – other’ and enter the Exemption Reason as ’Other exemption approved by Director/Administrator’.

  • Enter “Sixties Scoop and Federal Indian Day Schools settlements” into the comment box to indicate that a workaround has been applied to the case.

For detailed steps on entering income and assets, please refer to the User Guide: Recording Income Types and Exemptions.

Contact

If you have questions related to this communication, please contact Lee Tregwin, Manager, Financial Assistance at 416-312-2696 or Lee.Tregwin@ontario.ca

Chiefs of Ontario

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