Update – July 2015

Our class action case management judge, Justice Belobaba, held a case conference on June 26, 2015 with the lawyers on both sides at the Court House in Toronto.

He directed that the trial of the common issues in this class action will be heard in June 2016. This will be the first Canadian case on the issues of cultural genocide and the Sixties Scoop.

After five years of procedural appeals by the federal Crown which had sought to strike out the claims by the survivors of the Sixties Scoop, a trial date has finally been set.

The Crown has advised the court that it is not interested in, and is not asking for any mediation, or any involvement of a Mediator, prior to trial.

The Crown has been asked and has agreed to determine if it has in its possession any listings of those Indian children who were subject to the federal /provincial funding agreement with Ontario for the care of Indian children. These were the children of the Sixties Scoop who were removed from their First Nations’ traditions, culture, language, and identity.

Formal notification to the class members is currently being prepared, and will be subject to mandatory court approval. That notification will be distributed as widely as possible, at Canada’s expense, and is intended to include advertising in various media, as well as direct notification to bands in Ontario. Notification is also proposed in the United States, where a significant number of Ontario children were adopted.

Stay posted as we will continue to post news as the case progresses.

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The First Canadian Sixties Scoop Case Update – June 2015

The case is now certified as a class proceeding action. Marcia Brown (Martel) can now represent the stated 16,000 survivors of the Ontario Sixties Scoop.

It took 6 years to cross this bridge given the efforts of Canada to wipe out the case. In spite of all of the resources Canada applied to the objective of extinguishing the action, and with thanks to all who worked so hard, especially the original plaintiffs Robert Commanda and Marcia Brown, the case survives and continues.

The next step is a meeting with the Class Proceedings Case Management Motions Judge, the Honourable Justice Edward Belobaba of the Ontario Superior Court of Justice. That meeting is taking place on June 26, 2015.

The meeting is designed to map out what is required to be done so that, after 6 years, we can finally be heard in a trial before a judge.

Please keep in mind: the case of Brown vs. Canada, Court File No. 523/13 in the Ontario Superior Court of Justice, is the first case in the western world to plead the term “genocide” to describe the experiences of the children purposely distanced from their First Nations’ cultural and identity foundation. It is the first case in the western world to ask whether the loss of a cultural identity is an actionable legal wrong.

The comments of the Honourable Beverley McLachlin, Chief Justice of the Supreme Court of Canada, and those of the Honourable Justice Murray Sinclair, Chief Commissioner of the Truth and Reconciliation Commission, as recently reported to include the same language of “genocide”, are certainly noteworthy. They may offer some consolation to the many who have joined in the journey of the Ontario Sixties Scoop Court Case. Still, Canada says and does nothing to promote reconciliation in the case prompting the need for the walk to the court room to continue to be heard.

After June 26, 2015, we will report further. Marcia Martel (Brown) our representative Plaintiff writes:


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Sixties Scoop First Case

Finally, Canada’s first case of the 60’s Scoop identity genocide is certified as a class proceeding. The case will now proceed to trial with Marcia Brown (Martel) as the representative plaintiff to 16,000 children who lost their identity.

Today, the Court of Appeal for Ontario released its ruling dismissing Canada’s request for yet another appeal from the September 27, 2013 decision of Justice Edward Belobaba of the Ontario Superior Court certifying the case as a class proceeding.

Contact Natalia Graham, Class Proceeding Manager at 416 956 5625 or via thesixtiesscoopclaim@gmail.com. For information on the class proceeding, go to http://www.sixtiesscoopclaim.com.

Thank you Marcia Brown (Martel) and all who have so generously assisted in this journey for justice.

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Appeal Court rules Brown v Canada is to proceed as a class action

Three judges of the Ontario Superior Court have ruled that the motion by Canada to strike the case is to be dismissed in a ruling released December 2, 2014.

You may read the ruling by clicking here .

All persons whose cultural identity were affected by the Sixties Scoop in Ontario should contact Natalia Graham at 1-866-360-5952 or thesixtiesscoopclaim@gmail.com.

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Judges consider Canada’s appeal of the judge’s decision certifying Brown v. Canada as a class action – report on the November 13, 2013 hearing in the Ontario Courts

Three Judges of Ontario’s Superior Court reserved on the decision of whether or not the 60’s Scoop case may proceed. The judges will take time to deliberate over the written argument and documentation that they received before the hearing, and the oral argument at the hearing on November 13th, 2014. 

For the 3rd time, since this first case ever in western law about the loss of cultural identity as an actionable wrong began in 2010, an appeal court has been asked to overrule the decision of a Class Proceedings Act Motions Judge. To date, two judges have ruled that Marcia Brown may be a representative plaintiff for the 16,000 survivors of the 60’s Scoop in Ontario and the action is to proceed as a class action. The hearing on Thursday was the latest development as Canada appealed the 2nd judge’s decision to Ontario’s Divisional Court. The hearing was in Toronto. 

Many people from the First Nations communities attended at the hearing in Toronto, almost 200. A ceremonial smudging took place before the hearing. Their attendance spoke to the importance of the case for all within First Nations Communities. Within the many that were there, we were all honoured by the attendances of:

– Ontario Regional Chief Stan Beardy

– Grand Chief Patrick Madahbee of the Union of Ontario Indians

– Grand Chief Harvey Yesno of the Nishnawbe Aski Nation

– Deputy Grant Chief Goyce Kakegamic of the Nishnawbe Aski Nation

– Deputy Grand Chief Denise Stonefish of the Association of Iroquois and Allied Indians

Also attending were a number of other chiefs, recognized elders, traditional teachers, and councillors, as well as the children of today from the First Nation School of Toronto.


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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.

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Appeal Hearing

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 thesixtiesscoopclaim@gmail.com or contact Ms. Graham at 416-956-5625 to let us know if you will be attending, and thank you.

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