Justice Belobaba’s reasons for decision on Certification

On the evidence before me, the harm done was profound and included lasting psychological and emotional damage.
Also, if the Federal Crown’s duty toward aboriginal peoples in respect of lands held for them has been recognized “on a collective basis”, is it not at least arguable that the same can be said about the Crown’s duty toward aboriginal people with respect to their culture and identity?
In my view, there would have been nothing unconstitutional about the Federal Crown consulting with the Indian bands, or negotiating cultural protection as condition precedent before the funding would flow, or taking the various steps suggested after the Indian child was placed in a non-aboriginal home. Nor would any of these actions have been in violation of any court orders (indeed, no specific examples have been suggested.)

Justice Edward Belobaba of the Ontario Superior Court of Justice in the September 27, 2013 decision in Brown and Commanda and the Attorney General of Canada 2013 ONSC 5637 at paragraphs 11, 45 & 65

The “Sixties Scoop” case in Ontario, Canada, may proceed as a class action, so rules the Honourable Justice Edward Belobaba of the Ontario Superior Court of Justice. This is the first known legal action of its kind.  Subject to the right of appeal from the decision,  Canada’s treatment of a generation of aboriginal children who lost their cultural identity as victims of identity genocide, will now be tested at a trial. Now begins the process of letting all of the affected survivors know of their entitlement to be part of this case. To register as a member of the class, please fill out the online claimant form or call Natalia Graham at 1-866-360-5952.

To see Justice Belobaba’s full reasons for decision, please go to to the “documents” section of the website.


About Sixties Scoop Lawsuit

The purpose of this site is to notify individuals directly or indirectly affected by the Sixties Scoop that they may register and possibly join in the class action lawsuit that is effectively proceeding against the Canadian Government. (October 2010) Please bookmark this site for further updates and registration information. Thank you.
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8 Responses to Justice Belobaba’s reasons for decision on Certification

  1. cheryl burns says:

    hello,i live in edmonton alberta . is this just in Ont.

    • Sandra Lukowich says:

      This is for Ontario, though you can google the sixties scoop Alberta and you will find the law firm which is getting people to register. The only two provinces at this point are Ontario and BC ,

  2. Robert Commanda says:

    Tell Jeffrey he needs to fight this discrimatory clause with Judge Belobaba ruling in not including those of us who are Bill C 31’s who were in care at the times specified from 1965- 1984. Discrimination is still ruling in the courts and this should have been eliminated already. Where are the Human Rights People in all of this? Is this really justice?

    Bill C-31[edit]

    In 1985 the Canadian Parliament passed Bill C-31, “An Act to Amend the Indian Act”. Because of a presumed constitutional requirement, the amendment took effect as of April 17, 1985. The act has amended the Indian Act in a number of important ways.[3]
    It ends discriminatory provisions of the Indian Act, especially those that discriminated against women. A woman who marries a member of another band no longer automatically becomes a member of her husband’s band. Transfers between bands are still possible if the receiving band agrees.[3]
    It changes the meaning of “status” and for the first time allows for limited reinstatement of Indians who were denied or lost status and/or Band membership in the past.[3]

  3. carol louie says:

    I am glad it got certification! I was invovled in the 1960’s Scoop of Indian children of B.C.

  4. Troy.D.Ottertail says:

    Hello there….I’m a NorthWestern Ontario Status Indian.I am currently 37 yrs old, a father of two liveaway daughters.I was in/out of on/off reserve foster homes.
    I’ve been to numerous treatment centres in Ontario during my adoleascent years, also went to a treatment centre in Minnesota.
    I went to the treatment centre in Mn
    For substance abuse at a non-native
    Environment.i attended that one in Mn
    Three times I recollect.
    During one foster care time away from my First Nation I remember residing in a native home but attending a white
    Catholic grade school. I was pretty much confused about that irrevalent issue.
    Me being placed in a Indian home away from my First Nation and being put in a Catholic grade school in a on native environment.
    The first time I was told I got apprehended was at the tender age of eight and in a non-Indian environment.
    I was in/out of foster care, group homes
    And treatment centres during my adolescent years.
    From all that I’ve been through in those
    Hectic years I suffered a great amount of shame,guilt confusion of myself and my future ahead of me.
    But the one thing I haven’t looked into
    Was if I was in a non native home during those fearing years.but I do remember shamefully being in put in
    Non native environments.
    From this information would I be eligible to be a class member before I put in my
    Application for the justice we survivors
    Please feel free to respond and I would be very happy and cared for you’re kind
    Gichi-meegwetch and with utmost beloved respect, Troy.D.Ottertail/Oct/3/2013…

    • Sandy says:

      I have read many people’s hard lives and to be honest and very open with you,the government knows that what they did was wrong we are the lost generation, some have very hard lives, lost souls as I call them and then there are ones who’s lives have not been too bad but still lost souls they are too. The government of Canada should just except it and make a formal apology to us and also compensate us, there will never enough to give any one of us our past back.

  5. Frank A Ermineskin says:

    The Scoop is still happening today.Indian Children are still being placed in Immigrants Homes to pay off mortgages,while being abused.

  6. I was apprehended and put in white foster home in the early seventies for a year or so. in northwestern Ontario. Do I Qualify

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