Update on the Decision from the Court of Appeal

Three judges of the Court of Appeal for Ontario (Justices Marc Rosenberg, Eileen Gillese and Michael Tulloch) heard the appeal on October 25, 2012. They released the Court’s decision on January 17, 2013. 

The Court upheld the decision of the first appeal court, except for changing its decision on costs. This means:

  1. The case about whether or not the loss of First Nation culture is a legal wrong continues;
  2. The case will be heard by a Judge other than the first judge who decided back in May of 2010 to grant conditional certification, and that judge was the Honourable Justice Paul M. Perell. This means that there will have to be another hearing, where, once more, the issue of certifying this action as a class action will be heard by another judge;
  3. The costs awarded against Marcia Brown (Martel) and Robert Commanda, the plaintiffs in the amount of $25,000.00 was set aside. The Court of Appeal had this to say about the action when setting aside the Order requiring Marcia Brown and Robert Commanda to pay $25,000: 

“It [referring to the case] is in the nature of a test case and raises novel points of law. The treatment of Aborginal children in Ontario’s child welfare system and Canada’s responsibility for what occurred are matters of public interest.” 


Already, the Plaintiffs have moved the case forward. The Honourable Regional Senior Justice in Toronto has appointed a new judge to hear the case for the action to be certified. The new judge is the Honourable Justice Edward Belobaba. 

As soon as the date for the new hearing is known, we shall post the date. The Plaintiffs Marcia Brown (Martel) and Robert Commanda invite you to attend. The hearing is public. It is an opportunity for the court to begin to hear the voices of those silenced during the 60’s Scoop.