- On September 27, 2013, the Honourable Justice Edward Belobaba of the Ontario Superior Court of Justice certified the 60’s Scoop case of cultural genocide as a class action under Ontario’s Class Proceedings Act. The judge rejected the argument of the Attorney General of Canada that what happened is not worthy of a legal-wrong case.
- This is not the first time a judge of the Ontario Superior Court of Justice has accepted the case as one that should go forward, that does plead a proper legal wrong, and a case that ought to proceed as a class action. The first judge was the Honourable Justice Perell who made His decision on May 26, 2010.
- And, now and for the 2nd time, the Attorney General of Canada has chosen to seek permission to appeal the latest decision of a judge of the Ontario Superior Court of Justice.
- We spent three days in Court on the first hearing. We spent a day and half at the second hearing.
- The hearing to decide whether or not permission should be granted to Canada to appeal (and likely involve the case in another 2-3 years of legal wrangling) will be heard at 10:00 a.m. on Wednesday, December 4, 2013 at Osgoode Hall, 130 Queen Street West, courtroom #4. It is a hearing that is open to the public. All interested persons should attend so that the voice of cultural-genocide hurt has a face.
- Once a decision is made as to whether or not the Court will permit a further appeal, we will be able to decide the next steps. We will shortly post a summary of how the decision of Justice Belobaba affects the definition of the Class and how we can address this as the case unfolds.
- Now, all of us should shout out to our federal M.P.s asking them why Canada is spending so much of the taxpayers’ dollars on its many lawyers and the administration of justice to oppose this case, rather than sit down with the Plaintiffs and a mediator and resolve it.
- We should also be writing to the Committee on the Rights of the Child under the international Convention on the Rights of the Child asking them how Canada, who ratified this Convention, in 1991, can conduct itself as it is doing in this case. How can Canada have its many lawyers argue no wrong was committed when there are 16,000 survivors of the 60’s Scoop experiment in cultural genocide in Ontario? And, how can it do that when it is a nation that has covenanted under international law to respect the heritage, traditions, language and culture of indigenous persons, as provided for under the Convention on the Rights of the Child? Does Canada say one thing to other nations about how they should behave and then do as it chooses in its own backyard?
- Write to the Committee on the Rights of the Child at their address which is:
Committee on the Rights of the Child
Office of the United Nations High Commissioner for Human Rights (OHCHR)
Palais des Nations
CH-1211 Geneva 10, Switzerland
- Know this: the survivors have endured much pain and hardship. Canada’s treatment of them in this case, by using all of its resources to fight and deny the truth of the pain and hardship, is a continuation of the very same thought and consciousness that led to the 60’s Scoop cultural genocide in the first place. No one of us is going away. As long as it takes, the voices of the survivors will be heard.
Thank you for your attention.
Your Committee on the Ontario 60’s Scoop Class Action
November 1, 2013
Natalia Graham – Class Action Administrator
t: 1-866-360-5952 or 416-956-5625