The white privilege that Brown v Canada reveals

The CBC link below is about one of the lawyers representing Canada in the case. We are more inclined to see all of the lawyers and the judges as part of white privilege working to create the illusion of justice for all when the survivors of the Sixties Scoop are reminded time and time again that there is no fairness. Do you not remember when we were before the Ontario Divisional Court, as part of the appeals, and the Associate Chief Justice Cunningham asked our lawyer this question after the argument was completed:

What is the big deal about this case? You’re not complaining about sexual or physical abuse, so what is this about, really!

We wrote it down, what the Associate Chief Justice said. We wonder how Associate Chief Justice Cunningham would feel, if as a child, he was severed from his immediate family, his extended family, his community, his language, his religion, his customs, traditions and heritage, and his community was torn apart as some plan of assimilation, if not annihilation.

We are looking forward to the Court decision after 7 years of litigating with Owen Young and his colleagues, but we are not fooled by the tattoo adorned by the Prime Minister. No, we’re not anybody’s fools.

Read the full CBC article here:

– Ontario Sixties Scoop Steering Committee

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Senator Murray Sinclair Speaks Out – Update on Sixties Scoop Journey – W A I T I N G


After 7 years of litigating with two different governments of Canada, each saying it has no responsibility for what happened to the survivors of the Sixties Scoop, a decision from a Court is now in the making.

The Honourable Justice Edward Belobaba of the Ontario Superior Court of Justice heard final argument in Courtroom #4 at Osgoode Hall in Toronto on December 1st and December 2nd, 2016.

At the conclusion, the Honourable Judge stated that he hoped to have his decision by mid-late January, 2017.

It looks like the judge can find Canada responsible for the liability that the representative Plaintiff Marcia Brown argues has to do with Canada’s historic failure to consult with Ontario’s 111 Bands at the time of the 1965 Canada-Ontario Agreement. Or, the judge can order a “mini-hearing” on some particular aspect where the Judge is looking for further evidence, or the Plaintiff’s motion can be dismissed, in which case the matter will proceed to trial. (Canada is asking again of the Court to dismiss the entire action, not just the motion for a summary judgment on liability).

We have asked some legal authorities as to how long it will take for this issue of liability to be finally determined if there are appeals from the judge’s decision, and if those appeals end up in the Supreme Court of Canada. The legal authorities we asked tell us the additional time may be anywhere from 2-5 years of further court proceedings.

If it turns out to be 5 years, that will mean 15 years that Marcia Brown and her lawyer, Jeffery Wilson have been at this case, and that includes 12 years in litigation.

If you haven’t signed the petition to the Honourable Prime Minister, please consider doing so now by clicking here.

WE THANK YOU VERY MUCH FOR YOUR SUPPORT. We will post the news of the decision and its contents as soon as we hear.


Steering Committee, Ontario Sixties Scoop Claim

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Summary judgment hearing continues this week

Summary judgment hearing continues Thursday, December 1st, 2016, Osgoode Hall, 130 Queen Street West, Toronto, Courtroom #4 at 10:00 a.m.

Everyone and anyone interested is invited to attend the continuation of Brown v Canada before the Honourable Justice Belobaba of the Ontario Superior Court of Justice.

Come earlier than 10:00 a.m. as anyone entering the historic Osgoode Hall courthouse must clear security.

If you want to read about the case of the 16,000 surviving children of Ontario’s Sixties Scoop, click here to read their Factum.

If you want to read about why and how Canada is denying any responsibility for what happened, click here to read the Crown’s Factum.

If you want to read about the reply to Canada’s argument put forward by the representative Plaintiff, Marcia Brown, click here to read a copy.

“Factum” means the written synopsis of the oral argument that the Judge reads before hearing from the lawyers. Reading the documents may make listening to the oral submissions of the lawyers more interesting.

It has been a long journey, but as our lawyer said in Court last August 23rd, “WE MUST NEVER LET THIS HAPPEN AGAIN”. (He said it in Algonquin.)

We hope to see you there, and thank you for your support from day one.

– Ontario Sixties Scoop Steering Committee

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Summary judgement resumes December 1, 2016

Summary judgment hearing resumes on December 1st at 10:00 a.m. at Osgoode Hall, before the Honourable Justice Belobaba of the Ontario Superior Court of Justice.

Whatever Minister Carolyn Bennett said to the press and public about wanting to settle, the Defendant Canada’s legal team will be arguing against the recognition of any legal responsibility for the harm caused to the alleged 16,000 children of the Ontario Sixties Scoop. The Plaintiff’s lawyers will be able to provide reply, if necessary, on December 2nd.

Canada will not be filing its Factum (written legal argument) until November 24th. Please email us if you would like to receive a copy of Canada’s Factum, and let us know if you would also like a copy of the Plaintiff Marcia Reply Factum, once and if, filed.

The hearing is open to the public. We will post the courtroom information when we have it.


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September 1, 2016 – Update on Case

“Ati kapi ci wepik”

“We will never let this happen again.”

That is what our lawyer said to the Honourable Justice Belobaba on August 23, 2016 in the Superior Court of Justice in Toronto. The Court was packed with people and our Honourable Chiefs and Elders sat at the front of the Court Room in the area reserved for a jury.

We are back on December 1st,  in Toronto again, when Canada (whose Minister of Indigenous Affairs and Northern Development, the Honourable Carolyn Bennett says Canada wants to settle) will make arguments against our case, and her lawyers will try to persuade the Judge that Canada did nothing that is a legal wrong.  We suppose this why at Court, when our lawyer said, that as a Canadian, he apologized for our harm and hurt, Canada’s lawyer said not a word, did not follow him with an apology.

We will continue to walk as long as it takes, however many Ministers and governments over the last 50 years.

If you would like to receive a copy of the oral argument our legal counsel made to the Honourable Justice Belobaba of the Ontario Superior Court of Justice in Toronto on August 23, 2016, email us a request.

If you would like to receive a copy of the written argument our legal counsel gave on our behalf to the Honourable Justice Belobaba of the Ontario Superior Court of Justice to read before the hearing, send us an email. It is called the Plaintiff’s Factum.

If you want to watch what our counsel said on August 23, 2016, we can ask the Court for permission to send a recording to you. If you do, let us know, by sending us an email, and including the reason for the request, such as for educational or healing purposes or for maintaining an oral tradition of the event. With the permission of the Court, we will send a recording to you electronically for viewing on a media screen.

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Not surprisingly, the Crown requested that the hearing scheduled for August 23 be adjourned until a later date. The proposed adjournment would not only postpone the case being heard (yet again), but would also derail Sixties Scoop Survivors’ plans for a rally and gathering prior to the court hearing.

Today, that request was rejected and we confirm the hearing is going forward as planned on August 23, 2016. The rally will begin outside the courthouse at Queen St. W. And University Ave. at 8:15 a.m.

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August 23 RALLY

Check out the event on Facebook here and please share with anyone who might want to come.

Date: August 23
Time: 8:15 a.m.
Place: Osgoode Hall, 130 Queen St. W., Toronto (northeast corner of University Ave. and Queen St.)

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