Canada Judge accused of being a 'cheerleader' for $875M Sixties Scoop deal

13:06  17 may  2018
13:06  17 may  2018 Source:   cbc.ca

Mistrial declared in Toronto cancer researcher’s murder case

  Mistrial declared in Toronto cancer researcher’s murder case Mistrial declared in Toronto cancer researcher’s murder caseOntario Superior Court Justice David McCombs put a publication ban on the specific incident necessitating a mistrial Wednesday.

The federal court judge who approved an $ 875 -million deal for Sixties Scoop survivors is facing accusations of bias because of his involvement in other aspects of the agreement. Jones stopped short of accusing Shore of bias but said he "can see why it raises eyebrows."

The federal court judge who approved an $ 875 -million deal for Sixties Scoop survivors is facing accusations of bias because of his involvement in other aspects of the agreement. Justice Michel Shore approved the deal as it was proposed on Friday

Chief Marcia Brown Martel sings outside the Parliament Buildings in Ottawa following a government news conference announcing a compensation package for Indigenous victims of the Sixties Scoop last October.© Provided by Canadian Broadcasting Corporation Chief Marcia Brown Martel sings outside the Parliament Buildings in Ottawa following a government news conference announcing a compensation package for Indigenous victims of the Sixties Scoop last October.

The federal court judge who approved an $875-million deal for Sixties Scoop survivors is facing accusations of bias because of his involvement in other aspects of the agreement.

The settlement reached last week is aimed at compensating an estimated 20,000 Indigenous people who were taken from their families as children and adopted out to non-Indigenous parents between the 1950s and the 1980s, stripping them of their cultural heritage.

Mother claims self-defence in assault against hysterical 8-year-old

  Mother claims self-defence in assault against hysterical 8-year-old A B.C. woman has been found not guilty of assaulting her eight-year-old son after arguing that she wrestled the child to the ground out of self-defence when he started kicking her during a tantrum. In reaching his decision , provincial court Judge Richard Hewson stressed that the woman's actions might not have been acceptable if the boy hadn't physically attacked her. "However, the law of assault does not make an exception requiring parents to tolerate assaults by children," Hewson's ruling reads. "A degree of force that would not be reasonable by way of correction, might be reasonable in self-defence.

The federal court judge who approved an $ 875 -million deal for Sixties Scoop survivors is facing accusations of bias because of his involvement in other aspects of the agreement. Jones stopped short of accusing Shore of bias but said he "can see why it raises eyebrows."

The federal court judge who approved an $ 875 -million deal for Sixties Scoop survivors is facing accusations of bias because of his involvement in other aspects of the national agreement.

Justice Michel Shore approved the deal as it was proposed on Friday, roughly 60 minutes after two days of emotional testimony concluded in Saskatoon. It will see $750 million go to survivors, $75 million to lawyers, and $50 million set aside for an Indigenous healing foundation.

a close up of a person who is smiling at the camera: Legal expert Jasminka Kalajdzic said Justice Michael Shore should not have overseen a hearing approving the $875-million settlement because of his involvement in other aspects of the deal.© submitted Legal expert Jasminka Kalajdzic said Justice Michael Shore should not have overseen a hearing approving the $875-million settlement because of his involvement in other aspects of the deal.

But critics are arguing Shore should not have been allowed to preside over last week's hearings, as he was involved in the creation of the proposed settlement last year and sits on the board of a $50-million healing foundation being established as part of the deal.

'It's a sham': survivors blast Federal Court hearing into $875M Sixties Scoop settlement

  'It's a sham': survivors blast Federal Court hearing into $875M Sixties Scoop settlement A Federal Court hearing into the $875-million Sixties Scoop settlement is disrespectful, offensive and a 'sham', said some of the survivors who've come to testify. They say they'll be back today, but they aren't hopeful.

Share: The federal court judge who approved an $ 875 -million deal for Sixties Scoop survivors is facing accusations of bias because of his involvement in other aspects of the national agreement. The federal court judge who approved an $ 875 -milli

The federal court judge who approved an $ 875 -million deal for Sixties Scoop survivors is facing accusations of bias because of his involvement in other aspects of the national agreement.

"The judge's role is to be dispassionate — not to be an advocate or cheerleader for the class-action settlement," said Jasminka Kalajdzic, a law professor at the University of Windsor and one of the country's leading experts on class-action lawsuits.

Some survivors, who travelled from across North America to attend the hearing, said they were outraged by Shore's comments in support of the settlement at the hearings, before it had formally been approved. Others were upset by the three-minute time limit they were given to share their stories.

"It seems like this decision was already made up, and this whole court case was an opportunity to sell the package," said survivor Mary Longman, who testified at the hearings and asked the court to also consider abuses suffered when determining compensation.

'It raises eyebrows'

Like Kalajdzic, Craig Jones, a law professor at Thompson Rivers University and author of the book Theory of Class Actions , says survivors are right to be concerned.

Edmonton Sixties Scoop survivors disappointed in $875M federal hearing

  Edmonton Sixties Scoop survivors disappointed in $875M federal hearing Edmonton area Sixties Scoop survivors were disappointed as they watched the federal settlement hearing playing out in Saskatoon on Friday.On the second day of the two–day hearing, almost a dozen Sixties Scoop survivors sat in a federal court room watching the hearing and voicing their opinions as they watched.

The Saskatchewan judge who approved a $ 875 million settlement for Sixties Scoop is facing accusations of bias from some who say he's in conflict because of

CBCSaskatchewan. Judge accused of being a ' cheerleader ' for $ 875 M Sixties Scoop deal Judge accused of being a ' cheerleader ' for $ 875 M Sixties Scoop Thousands of indigenous children across Canada were taken from their homes and adopted into white families during the Sixties Scoop .

This case is complex, he said, and carries enormous financial, political and societal implications, similar to the residential school or tainted blood settlements.

Jones stopped short of accusing Shore of bias but said he "can see why it raises eyebrows."

Kalajdzic was more direct. "There should be a judge with fresh eyes, who doesn't have a history with the parties, a judge who can exercise rigorous oversight and take a hard look at the case. That, in my view, would have been the more appropriate procedure," she said.

The deal has created a divide among survivors of the Sixties Scoop. Some were elated, saying it is long-awaited recognition of their suffering and a move that will avoid years of costly court battles, with no guarantee of victory.

But others say the settlement is flawed because it excludes non-status and Métis people, caps individual compensation at $50,000 and gives too much money to the lawyers.

No rules broken, says Federal Court official

Andrew Baumberg, a spokesperson for the Federal Court of Canada, declined to comment when asked about the concerns around Shore's objectivity, Instead, he pointed to Federal Court Rule 391, which allows a judge to oversee multiple elements of a case, provided that no parties object.

Critics of '60s Scoop settlement will fight on

  Critics of '60s Scoop settlement will fight on A woman who has spent months informing '60s Scoop survivors about Ottawa's class-action settlement says she'll continue advising people to object to the deal, even after a federal judge approved the agreement. "The biggest problem for me is this entire process was set up to make sure that we as adoptees could not object," said Coleen Rajotte, who is one of the survivors who spoke at federal court hearings on the settlement in Saskatoon last week. "The biggest problem for me is this entire process was set up to make sure that we as adoptees could not object," said Coleen Rajotte, who is one of the survivors who spoke at federal court hearings on the settlement in Saskatoon last week.

Judge accused of being a ' cheerleader ' for $ 875 M Sixties Scoop deal . CBC. Boulder-sized projectiles expected to be thrown from Hawaii volcano. Hydro president says -M deal with Manitoba Métis Federation was not binding.

What was the Sixties Scoop , and how did it impact Indigenous communities? A family living on a traditional diet of dried meat and berries might be accused of not providing for their children based on the lack of a fridge or pantry shelf.

The law firms representing the class members OK'd Shore overseeing the settlement hearing.

Kalajdzic says Rule 391 should only be used in absolutely necessary and exceptional circumstances and argues that wasn't the case here.

Precedents have made it extremely difficult to appeal an approved class-action settlement, she said, but those unhappy with the agreement have other options.

a woman standing in front of a building: Sixties Scoop survivor Mary Longman reconnected with her family at the age of 16, but she has never forgotten the trauma she experienced in foster care.© Olivia Stefanovich/CBC Sixties Scoop survivor Mary Longman reconnected with her family at the age of 16, but she has never forgotten the trauma she experienced in foster care.

She said survivors who feel strongly can "vote with their feet" and opt out of the settlement. The agreement gives them 90 days to do so. Further, if more than 2,000 members reject the offer, the government can kill the deal — and some opponents are pushing for just that .

Meanwhile, some of the survivors, including Longman, are considering filing a complaint with the body that oversees federal court judges.

And one last step remains before before any money is disbursed: an Ontario judge overseeing a smaller, similar lawsuit for claimants in that province must give his or her approval later this month.

Shore has said he will issue the reasons for his ruling in several weeks' time.

'Knees-together' judge can practise law again .
'Knees-together' judge can practise law againThe Law Society of Alberta approved Robin Camp's reinstatement this week.

—   Share news in the SOC. Networks
This is interesting!