Judges consider Canada’s appeal of the judge’s decision certifying Brown v. Canada as a class action – report on the November 13, 2013 hearing in the Ontario Courts

Three Judges of Ontario’s Superior Court reserved on the decision of whether or not the 60’s Scoop case may proceed. The judges will take time to deliberate over the written argument and documentation that they received before the hearing, and the oral argument at the hearing on November 13th, 2014. 

For the 3rd time, since this first case ever in western law about the loss of cultural identity as an actionable wrong began in 2010, an appeal court has been asked to overrule the decision of a Class Proceedings Act Motions Judge. To date, two judges have ruled that Marcia Brown may be a representative plaintiff for the 16,000 survivors of the 60’s Scoop in Ontario and the action is to proceed as a class action. The hearing on Thursday was the latest development as Canada appealed the 2nd judge’s decision to Ontario’s Divisional Court. The hearing was in Toronto. 

Many people from the First Nations communities attended at the hearing in Toronto, almost 200. A ceremonial smudging took place before the hearing. Their attendance spoke to the importance of the case for all within First Nations Communities. Within the many that were there, we were all honoured by the attendances of:

– Ontario Regional Chief Stan Beardy

– Grand Chief Patrick Madahbee of the Union of Ontario Indians

– Grand Chief Harvey Yesno of the Nishnawbe Aski Nation

– Deputy Grant Chief Goyce Kakegamic of the Nishnawbe Aski Nation

– Deputy Grand Chief Denise Stonefish of the Association of Iroquois and Allied Indians

Also attending were a number of other chiefs, recognized elders, traditional teachers, and councillors, as well as the children of today from the First Nation School of Toronto.

Meegwetch