Residential school closures didn't end cycle of assimilation, says 'Millennium Scoop' survivor as lawsuit approved

The certification of a class-action lawsuit on behalf of off-reserve Indigenous children who were taken from their families and placed in non-Indigenous care gave Cheyenne Stonechild a long-awaited sense of validation.

"I’m very humbled by this decision,” she said at a news conference in downtown Vancouver Monday following the certification.

“As foster kids, we don't usually get many breaks in life, but this really feels like one."

Stonechild, who is the lead representative plaintiff in the federal lawsuit, said she is one of tens of thousands impacted by the trauma of the Indigenous child welfare system.

She said she was ripped away from her family at the age of six.

By the time she was 18, she had been placed in about 15 group homes in Metro Vancouver – but never in the care of anyone who identified as Indigenous.

"I was deprived of any access to my culture, my language and my Indigenous rights,” said Stonechild.

“Culturally and socially adrift, I suffered from severe depression and engaged in self-harm in my childhood."

Her story is far from unique.

According to the 2016 census, Indigenous children make up 7.7 per cent of the total child population in Canada, but 52.2 per cent of those in foster care.

"The cycle of assimilation that began with residential schools did not end when the last residential school closed its doors in 1996. Instead, it continued to operate under a different name: the Indigenous child welfare system,” Stonechild said.

At 26, she’s still trying to connect with her family and her roots — something she doesn't want other children to go through.

She’s part of a group who went through the Indigenous child welfare system between Jan. 1, 1992, and Dec. 31, 2019, a time frame known as the "Millennium Scoop."

"We need to fix the system now because this is still happening. And we need to rectify it so that these children can be reunited with their communities and their families before it's too late,” said Angela Bespflug, a lawyer who spoke on behalf of the plaintiffs.

"The sole basis for Canada not taking responsibility for off-reserve Indigenous children is that they're off-reserve. And they're only off-reserve because of Canada's own policies of assimilation,” she continued.

The decision says those affected include status and non-status Indians, Inuit and Metis youngsters and their families who were not living on reserves.

The class seeks various damages, restitution and recovery of specific costs on behalf of the affected children and families.

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.

In a statement to CTV News, the federal government said it will be “reviewing the details” of the lawsuit and “will continue to work closely with Indigenous partners as this and other class-action processes move forward.”

Just last year, the federal government negotiated a $40-billion agreement to compensate on-reserve Indigenous children and families harmed by underfunding of its child welfare.

Stonechild said the same should be applied to off-reserve children.

"We are no less harmed by the system, and we are no less Indigenous,” she said.

With files from The Canadian Press