After four decades, Leticia Racine is still grappling with a custody battle that reached the Supreme Court of Canada and its lasting impact on her and other Indigenous children. The legal dispute disconnected her from her biological family, culture, and identity for many years.
Born in 1976, Leticia’s journey into care commenced shortly after her birth. Her mother, Linda Daniels, a member of Long Plain First Nation in Manitoba, faced challenges with alcohol due to her experiences at Sandy Bay residential school and domestic violence from her husband, who was not Leticia’s father.
A chance encounter led Leticia to her foster parents, Sandra and Allan Racine, near Deloraine, Manitoba. Despite Allan’s passing in 2019 and Sandra’s refusal to be interviewed, Leticia recalls Sandra expressing instant love for her and nursing her back to health during a severe illness.
Legal battles ensued between Daniels and the Racines over Leticia’s custody. Despite Daniels’ efforts to regain custody, the situation changed when the Dakota Ojibwe Child and Family Services became involved.
In 1982, the case went to provincial court, where the adoption was initially permitted based on Daniels’ perceived abandonment of Leticia. However, subsequent court proceedings, including appeals to the Supreme Court of Canada in 1983, culminated in the Racines being granted full custody.
The Supreme Court’s decision prioritized Leticia’s bond with the Racines over her connection to her birth mother and cultural heritage. This ruling set a precedent that emphasized the importance of stability in foster placements.
The case underscored a series of policies and legal actions that led to the removal of Indigenous children from their families and cultures. Despite the court’s decision, Leticia faced identity struggles as a teenager, eventually finding solace and healing through cultural reconnection and support programs.
Today, Leticia advocates for Sixties Scoop survivors and reflects on her past, expressing a desire to have remained within her community despite the education and opportunities she gained through her upbringing.