Please note the location for the November 13, 2014 hearing has changed to 361 University Avenue, courtroom 6-1. Please notify those who may be attending the hearing. Thank you.
On Thursday, November 13, 2014, the Ontario Divisional Court will hear Canada’s appeal of the September 27, 2013 decision of Justice Belobaba.
The hearing will take place at Osgoode Hall, 130 Queen Street West, commencing at 10:30 am. Those seeking to attend should come much earlier as all persons must check through court security.
This is the appeal about 16,000 Aboriginal children who lost their identities as aboriginals between 1965 to 1984 in Ontario.
This is the case where two judges of the Ontario Superior Court have approved the action as a class proceeding so that the interests of these 16,000 Aboriginal children, who lost their culture and identity, are not forgotten.
Both judges dismissed Canada’s request of the Court to throw the case out as not disclosing any reasonable cause of action.
The hearing is open to the public. Check this website at the beginning of November. We will confirm the court room address. Send us an email at email@example.com or contact Ms. Graham at 416-956-5625 to let us know if you will be attending, and thank you.
Once again, Canada asks for permission to appeal the decision granting certification of the case as a class proceeding and, once again, permission is granted. For the 2nd time in the same case, a single judge of the Ontario Superior Court has said permission should be granted for an appeal to be heard because there is good reason to believe the Judge of the Ontario Superior Court got it wrong.
As a result, for the second time, a judge of the specialized class proceedings branch of the Ontario Superior Court has found that this case should be certified as a class action and another judge of the Ontario Superior Court has said an appeal is required from that decision.
It’s a long journey uphill to seek protection for First Nations’ cultural identity.
We will let you know the date of the Appeal. We hope you will join us at the hearing so that the thousands affected by this case may be seen and heard.
Posted, with this note, is the March 11, 2014 decision of the Honourable Justice Wendy Matheson that grants Canada permission to appeal.
- On September 27, 2013, the Honourable Justice Edward Belobaba of the Ontario Superior Court of Justice certified the 60’s Scoop case of cultural genocide as a class action under Ontario’s Class Proceedings Act. The judge rejected the argument of the Attorney General of Canada that what happened is not worthy of a legal-wrong case.
- This is not the first time a judge of the Ontario Superior Court of Justice has accepted the case as one that should go forward, that does plead a proper legal wrong, and a case that ought to proceed as a class action. The first judge was the Honourable Justice Perell who made His decision on May 26, 2010.
- And, now and for the 2nd time, the Attorney General of Canada has chosen to seek permission to appeal the latest decision of a judge of the Ontario Superior Court of Justice.
- We spent three days in Court on the first hearing. We spent a day and half at the second hearing.
- The hearing to decide whether or not permission should be granted to Canada to appeal (and likely involve the case in another 2-3 years of legal wrangling) will be heard at 10:00 a.m. on Wednesday, December 4, 2013 at Osgoode Hall, 130 Queen Street West, courtroom #4. It is a hearing that is open to the public. All interested persons should attend so that the voice of cultural-genocide hurt has a face.
- Once a decision is made as to whether or not the Court will permit a further appeal, we will be able to decide the next steps. We will shortly post a summary of how the decision of Justice Belobaba affects the definition of the Class and how we can address this as the case unfolds.
- Now, all of us should shout out to our federal M.P.s asking them why Canada is spending so much of the taxpayers’ dollars on its many lawyers and the administration of justice to oppose this case, rather than sit down with the Plaintiffs and a mediator and resolve it.
- We should also be writing to the Committee on the Rights of the Child under the international Convention on the Rights of the Child asking them how Canada, who ratified this Convention, in 1991, can conduct itself as it is doing in this case. How can Canada have its many lawyers argue no wrong was committed when there are 16,000 survivors of the 60’s Scoop experiment in cultural genocide in Ontario? And, how can it do that when it is a nation that has covenanted under international law to respect the heritage, traditions, language and culture of indigenous persons, as provided for under the Convention on the Rights of the Child? Does Canada say one thing to other nations about how they should behave and then do as it chooses in its own backyard?
- Write to the Committee on the Rights of the Child at their address which is:
Committee on the Rights of the Child
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais des Nations
CH-1211 Geneva 10, Switzerland
- Know this: the survivors have endured much pain and hardship. Canada’s treatment of them in this case, by using all of its resources to fight and deny the truth of the pain and hardship, is a continuation of the very same thought and consciousness that led to the 60’s Scoop cultural genocide in the first place. No one of us is going away. As long as it takes, the voices of the survivors will be heard.
Thank you for your attention.
Your Committee on the Ontario 60’s Scoop Class Action
November 1, 2013
Natalia Graham – Class Action Administrator
t: 1-866-360-5952 or 416-956-5625
Posters are available for pick-up at our Toronto office. Or, if you know somewhere that a poster may be displayed to spread awareness of the case or seen by a potential claimant, please email Natalia at firstname.lastname@example.org or call 1-866-360-5952 for more details. They are 24 x 36.
For a PDF file, go to: Sixties Scoop poster PDF
On the evidence before me, the harm done was profound and included lasting psychological and emotional damage.
Also, if the Federal Crown’s duty toward aboriginal peoples in respect of lands held for them has been recognized “on a collective basis”, is it not at least arguable that the same can be said about the Crown’s duty toward aboriginal people with respect to their culture and identity?
In my view, there would have been nothing unconstitutional about the Federal Crown consulting with the Indian bands, or negotiating cultural protection as condition precedent before the funding would flow, or taking the various steps suggested after the Indian child was placed in a non-aboriginal home. Nor would any of these actions have been in violation of any court orders (indeed, no specific examples have been suggested.)
Justice Edward Belobaba of the Ontario Superior Court of Justice in the September 27, 2013 decision in Brown and Commanda and the Attorney General of Canada 2013 ONSC 5637 at paragraphs 11, 45 & 65
The “Sixties Scoop” case in Ontario, Canada, may proceed as a class action, so rules the Honourable Justice Edward Belobaba of the Ontario Superior Court of Justice. This is the first known legal action of its kind. Subject to the right of appeal from the decision, Canada’s treatment of a generation of aboriginal children who lost their cultural identity as victims of identity genocide, will now be tested at a trial. Now begins the process of letting all of the affected survivors know of their entitlement to be part of this case. To register as a member of the class, please fill out the online claimant form or call Natalia Graham at 1-866-360-5952.
To see Justice Belobaba’s full reasons for decision, please go to to the “documents” section of the website.
Justice E. Belobaba of the Ontario Superior Court of Justice, this morning, announced the certification of the class proceeding of 16,000 surviving children of Ontario’s “60’s Scoop”.
After 4 years of procedural wrangling since representative plaintiffs Chief Marcia Brown (Martel) and Robert Commanda commenced the claim, Justice Belobaba dismissed the federal Crown’s attack upon the claim as without a legal basis and indicated that written reasons would follow in September.
A detailed update will follow later.