Decision – Thursday, February 16th
The Honourable Justice Edward Belobaba of the Ontario Superior Court of Justice has advised that the target date for the release of His Honour’s decision is Thursday, February 16, 2017.
At stake is Plaintiff Marcia Martel (Brown’s) motion for a summary judgement determination that Canada breached its lawful duties to indigenous children. Also at stake is Canada’s 8th request for her action to be dismissed.
Whatever the Minister said in her press release, Canada’s lawyers continue to litigate. Their latest litigation step was to discredit the evidence of 95-year-old former Chief Wilmer Nadjiwon of the Chippewas of Nawash Unceded First Nations.
The Minister’s lawyers did this, even after they walked away from the opportunity to cross-examine the former Chief. Special arrangements, approved by the Court, had been made for him to be questioned via video-conferencing because of his frail health. The former Chief was prepared for his evidence to be tested as to its truth.
If you would like to read the February 1st, 2017 Media Release of Carolyn Bennett, Minister of Indigenous and Northern Affairs, click here.
If you would like to read what her lawyers said when they argued in the Superior Court of Justice on February 2nd, to throw out the evidence of former Chief Nadjiwon and former Band Councillor Jones, click here.
If you would like to read what the Plaintiff’s lawyers argued in response to Canada’s argument on February 2nd, click here.
In Canada, only the Ontario case has been certified.
Only the Ontario case is on the eve of a judge’s determination to decide whether what took place was something that, in law, should not have taken place. Canada’s lawyers have argued over the last 8 years that what took place was not lawfully wrong, and 8 times – yes, 8 times – they have asked for it to be thrown out or dismissed.
That is how we understand the matter, and that is why we respectfully do not understand how the Minister can say what she said on February 1st, 2017 in the House of Commons.
We ask all of our sisters and brothers to join with us, to stand firm and not give up the opportunity of a judicial decision that holds our government responsible for the wrong that was done. Do not compromise on your entitlement to an honest ruling from the Courts.
– Ontario Sixties Scoop Steering Committee