Brown and Commanda are the representatives to a class action where they are suiing Canada.
They are suiing Canada on behalf of themselves and possibly 16,000 other aboriginal persons.
They are arguing that a wrongful act was committed. It happened between the years 1965 and 1984 and it has to do with Canada turning a blind eye or outsourcing its duty to preserve aboriginal cultural identity for all of the children in Ontario who were placed in non-aboriginal homes for adoption or as crown ward or foster children. They argue that in consequence of what Canada, or did not do, they lost their cultural identity and this has caused them much pain and suffering.
A judge of the Ontario Superior Court agreed that they had a cause of action, and the case should proceed. On October 14, 2010, on further attendance before the Judge, His Honour made clear that His ruling, as set out in the above reasons, meant the case was certified as a class action (i.e. 2 persons, Brown and Commanda can sue on behalf of a group who have a common interest and who comprise possibly 16, 000 other aboriginal persons).
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