The Attorney General has succeeded in obtaining leave or permission to appeal the original certification order. Her Honour, the Honourable Justice Swinton, found that there were sufficient reasons to doubt the correctness of the decision of Justice Perell so as that it must necessarily be subject to the review of three judges of the Divisional Court. This is not surprising, albeit it can be disappointing.
We can expect the matter of whether or not there is a valid legal action and whether or not the matter is to be certified to end up in the Ontario Court of Appeal, the final judicial arbiter in Ontario, and quite possibly in the Supreme Court of Canada. In the meantime, there is no stay of the Order of Justice Perell and we continue to move forward with the expansion of the class. Yes, a few steps forward and a step backward: this is the way of the law with a claim as novel and complex as this one.
Well the legal system can be slow to turn its wheels we should not neglect the other avenues available to bring the government’s attention to this matter. Survivors should consider writing letters to their MP’s, Chiefs, and other community leaders asking for their support in the litigation. Remember, your stories can be powerful.