After 7 years of litigating with two different governments of Canada, each saying it has no responsibility for what happened to the survivors of the Sixties Scoop, a decision from a Court is now in the making.
The Honourable Justice Edward Belobaba of the Ontario Superior Court of Justice heard final argument in Courtroom #4 at Osgoode Hall in Toronto on December 1st and December 2nd, 2016.
At the conclusion, the Honourable Judge stated that he hoped to have his decision by mid-late January, 2017.
It looks like the judge can find Canada responsible for the liability that the representative Plaintiff Marcia Brown argues has to do with Canada’s historic failure to consult with Ontario’s 111 Bands at the time of the 1965 Canada-Ontario Agreement. Or, the judge can order a “mini-hearing” on some particular aspect where the Judge is looking for further evidence, or the Plaintiff’s motion can be dismissed, in which case the matter will proceed to trial. (Canada is asking again of the Court to dismiss the entire action, not just the motion for a summary judgment on liability).
We have asked some legal authorities as to how long it will take for this issue of liability to be finally determined if there are appeals from the judge’s decision, and if those appeals end up in the Supreme Court of Canada. The legal authorities we asked tell us the additional time may be anywhere from 2-5 years of further court proceedings.
If it turns out to be 5 years, that will mean 15 years that Marcia Brown and her lawyer, Jeffery Wilson have been at this case, and that includes 12 years in litigation.
If you haven’t signed the petition to the Honourable Prime Minister, please consider doing so now by clicking here.
WE THANK YOU VERY MUCH FOR YOUR SUPPORT. We will post the news of the decision and its contents as soon as we hear.
Steering Committee, Ontario Sixties Scoop Claim