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Federal Court approves class-action on behalf of off-reserve Indigenous children

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VANCOUVER — 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.”

The decision says those affected include status and non-status Indians, Inuit and Métis 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.

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 Court is not convinced that the issues are only theoretically common. Individual provincial/territorial welfare practices would need to be considered, whether the claim is in this court or in several courts,” the decision says.

The federal government argued in court that the provinces and territories should be involved in the legal process, but the judge says the Crown didn’t address how it could be done for a national class-action lawsuit.

Phelan says for “judicial economy,” a single national proceeding is more efficient.

“Canada has repeatedly said it seeks reconciliation and resolution. Despite the lengthy period over which the offending acts occurred, that has not happened and there was no suggestion that it was likely or that a vehicle for resolution existed,” the ruling says.

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.

Vancouver lawyer Angela Bespflug, speaking on behalf of the plaintiffs, says certification “signals an important shift in the law,” because the federal government must now explain why it has treated off-reserve children differently from those living on-reserve.

“It is fundamentally wrong that Canada has agreed to compensate on-reserve children while leaving off-reserve children out in the cold,” Bespflug says in a statement issued by law firm Murphy Battista.

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.

Current data show the vast majority of Indigenous children apprehended and placed into government care are off-reserve Indigenous children, says the statement from Murphy Battista.

The claim is based on Canada’s duty to protect apprehended Indigenous children from harm, specifically as it relates to the loss of their Aboriginal identity.

Dr. Cindy Blackstock, Executive Director of the First Nations Child and Family Caring Society, says that compared with the height of the residential school period, three times as many children are in state care today.

“Canada has apologized for residential schools, but it has continued the same policies under a different name,” Blackstock says in the same statement.

“We call on Canada to stop fighting off-reserve Indigenous children in court, and to step up to the plate and lead, and to finally bring about the changes that are needed to fix this deeply broken system,” she says.

This report by The Canadian Press was first published June 20, 2022.

 

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‘It’s literally incredible’: Swifties line up for merch ahead of Toronto concerts

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TORONTO – Hundreds of Taylor Swift fans lined up outside the gates of Toronto’s Rogers Centre Wednesday, with hopes of snagging some of the pop star’s merchandise on the eve of the first of her six sold-out shows in the city.

Swift is slated to perform at the venue from Thursday to Saturday, and the following week from Nov. 21 to Nov. 23, with concert merchandise available for sale on some non-show days.

Swifties were all smiles as they left the merch shop, their arms full of sweaters and posters bearing pictures of the star and her Eras Tour logo.

Among them was Zoe Haronitis, 22, who said she waited in line for about two hours to get $300 worth of merchandise, including some apparel for her friends.

Haronitis endured the autumn cold and the hefty price tag even though she hasn’t secured a concert ticket. She said she’s hunting down a resale ticket and plans to spend up to $600.

“I haven’t really budgeted anything,” Haronitis said. “I don’t care how much money I spent. That was kind of my mindset.”

The megastar’s merchandise costs up to $115 for a sweater, and $30 for tote bags and other accessories.

Rachel Renwick, 28, also waited a couple of hours in line for merchandise, but only spent about $70 after learning that a coveted blue sweater and a crewneck had been snatched up by other eager fans before she got to the shop. She had been prepared to spend much more, she said.

“The two prized items sold out. I think a lot more damage would have been done,” Renwick said, adding she’s still determined to buy a sweater at a later date.

Renwick estimated she’s spent about $500 in total on “all-things Eras Tour,” including her concert outfit and merchandise.

The long queue for Swift merch is just a snapshot of what the city will see in the coming days. It’s estimated that up to 500,000 visitors from outside Toronto will be in town during the concert period.

Tens of thousands more are also expected to attend Taylgate’24, an unofficial Swiftie fan event scheduled to be held at the nearby Metro Toronto Convention Centre.

Meanwhile, Destination Toronto has said it anticipates the economic impact of the Eras Tour could grow to $282 million as the money continues to circulate.

But for fans like Haronitis, the experience in Toronto comes down to the Swiftie community. Knowing that Swift is going to be in the city for six shows and seeing hundreds gather just for merchandise is “awesome,” she said.

Even though Haronitis hasn’t officially bought her ticket yet, she said she’s excited to see the megastar.

“It’s literally incredible.”

This report by The Canadian Press was first published Nov. 13, 2024.

The Canadian Press. All rights reserved.



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Via Rail seeks judicial review on CN’s speed restrictions

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OTTAWA – Via Rail is asking for a judicial review on the reasons why Canadian National Railway Co. has imposed speed restrictions on its new passenger trains.

The Crown corporation says it is seeking the review from the Federal Court after many attempts at dialogue with the company did not yield valid reasoning for the change.

It says the restrictions imposed last month are causing daily delays on Via Rail’s Québec City-Windsor corridor, affecting thousands of passengers and damaging Via Rail’s reputation with travellers.

CN says in a statement that it imposed the restrictions at rail crossings given the industry’s experience and known risks associated with similar trains.

The company says Via has asked the courts to weigh in even though Via has agreed to buy the equipment needed to permanently fix the issues.

Via said in October that no incidents at level crossings have been reported in the two years since it put 16 Siemens Venture trains into operation.

This report by The Canadian Press was first published Nov. 13, 2024.

Companies in this story: (TSX:CN)

The Canadian Press. All rights reserved.



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Japanese owner of 7-Eleven receives another offer to rival Couche-Tard bid

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LAVAL, Que. – The Japanese owner of 7-Eleven says it has received a new management buyout proposal from a member of the family that helped found the company, offering an alternative to the takeover bid from Alimentation Couche-Tard Inc.

The proposal for Seven & i Holdings Co. Ltd. is being made by Junro Ito, who is a vice-president and director of the company, and Ito-Kogyo Co. Ltd., a private company affiliated with him.

Terms of the non-binding offer by Ito were not disclosed.

In a statement Wednesday, Seven & i said its special committee has been reviewing the proposal with its financial advisers.

Stephen Hayes Dacus, chair of the special committee and board of directors of the company, said the company is committed to an objective review of all alternatives as it considers the proposals from Ito and Couche-Tard as well as the company’s stand-alone opportunities.

“The special committee and the company board will continue to engage with all parties in a manner designed to maximize value and will continue to act in the best interests of the company’s shareholders and other stakeholders,” he said in a statement.

The company noted that Ito has been excluded from all discussions within the company related to the offer and the bid by Couche-Tard.

Quebec-based Couche-Tard made a revised offer for Seven & i last month after an earlier proposal was rebuffed by the Japanese firm because it was too low and did not fully address U.S. regulatory concerns.

It did not respond to a request for comment about Ito’s offer.

RBC Capital Markets analyst Irene Nattel said the latest development underscored her belief that a Couche-Tard deal with Seven & i is a “low probability event.”

“Assuming attractive pricing and a fully-funded transaction, the potential privatization from a friendly Japanese group would seemingly provide investors with the value creation event they seek,” said Nattel, adding that it would skirt potential competition issues in the U.S. and concerns around the foreign takeover of a core local entity for Japanese regulators.

Couche-Tard has argued its proposal offers clear strategic and financial benefits and has said it believes the two companies can reach a mutually agreeable transaction.

However, the Japanese company has said there are multiple and significant challenges such a transaction would face from U.S. competition regulators.

Couche-Tard operates across 31 countries, with more than 16,800 stores. A successful deal with Seven & i could add 85,800 stores to its network.

Seven & i owns not only the 7-Eleven chain, but also supermarkets, food producers, household goods retailers and financial services companies.

This report by The Canadian Press was first published Nov. 13, 2024.

Companies in this story: (TSX:ATD)

The Canadian Press. All rights reserved.



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