Fasken represented Assembly of First Nations (“AFN”) and other representative plaintiffs in a class action against the Government of Canada regarding the removal of Indigenous children from their homes and subsequent placement into the child welfare system, also known as the Millennial Scoop. The case also includes discrimination in relation to Jordan’s Principle, which involves differential treatment of Indigenous children in the delivery of services.
This is the largest reported litigation settlement in Canadian history, the 3rd largest in world history, and has directly engaged the Prime Minister and Cabinet. Since the discovery of unmarked graves of Indigenous children in Canada who attended a residential school, the case has attracted national and international attention, including from the United Nations and the Pope. The case is ongoing, with the settlement still to be finalized and approved by the court and Canadian Human Rights Tribunal.
Fasken represented AFN with a team led by Peter Mantas, and including Gabrielle Cyr, Nathan Surkan, and Geoffrey Cowper, Q.C.