The First Canadian Sixties Scoop Case Update – June 2015

The case is now certified as a class proceeding action. Marcia Brown (Martel) can now represent the stated 16,000 survivors of the Ontario Sixties Scoop.

It took 6 years to cross this bridge given the efforts of Canada to wipe out the case. In spite of all of the resources Canada applied to the objective of extinguishing the action, and with thanks to all who worked so hard, especially the original plaintiffs Robert Commanda and Marcia Brown, the case survives and continues.

The next step is a meeting with the Class Proceedings Case Management Motions Judge, the Honourable Justice Edward Belobaba of the Ontario Superior Court of Justice. That meeting is taking place on June 26, 2015.

The meeting is designed to map out what is required to be done so that, after 6 years, we can finally be heard in a trial before a judge.

Please keep in mind: the case of Brown vs. Canada, Court File No. 523/13 in the Ontario Superior Court of Justice, is the first case in the western world to plead the term “genocide” to describe the experiences of the children purposely distanced from their First Nations’ cultural and identity foundation. It is the first case in the western world to ask whether the loss of a cultural identity is an actionable legal wrong.

The comments of the Honourable Beverley McLachlin, Chief Justice of the Supreme Court of Canada, and those of the Honourable Justice Murray Sinclair, Chief Commissioner of the Truth and Reconciliation Commission, as recently reported to include the same language of “genocide”, are certainly noteworthy. They may offer some consolation to the many who have joined in the journey of the Ontario Sixties Scoop Court Case. Still, Canada says and does nothing to promote reconciliation in the case prompting the need for the walk to the court room to continue to be heard.

After June 26, 2015, we will report further. Marcia Martel (Brown) our representative Plaintiff writes: