Court Documents and Decisions: Aboriginal Sixties Scoop Class Action

British Columbia

2011

Ontario

2017

  • 14 February  –  Summary Judgment on the Common Issue- In this decision, the Ontario judge sided with the Ontario scoop survivors. The judge found that Canada failed to prevent thousands of on-reserve children who were placed with non-Aboriginal families from losing their heritage.  Carolyn Bennett, the federal Minister of Indigenous and Northern Affairs has said that the government does not plan to appeal the Ontario ruling.  Damages have yet to be awarded in the Ontario case. Click here to view the Superior Court Decision.

2014

  • 2 December – The Ontario Divisional Court dismissed the appeal of Justice Belobaba’s certification of the class action. As a result, the matter can proceed to the common issues trial. Here is a link to the decision: //canlii.ca/t/gfgt1.
  • 11 March – The Government of Canada applied for leave to appeal Justice Belobaba’s certification decision. Due to inconsistencies between the decisions of Justices Perell and Belobaba, leave to appeal was granted by Justice Matheson of the Divisional Court. Here is a link to the decision: //canlii.ca/t/g643l.

2013

  • 27 September – In accordance with the directions of the Ontario Divisional Court and the Ontario Court of Appeal, the Ontario plaintiffs amended their Statement of Claim and re-argued the certification motion, this time before Mr. Justice Belobaba of the Ontario Superior Court of Justice. On September 27, 2013, Justice Belobaba certified the case a class proceeding for the following class:Indian children who were taken from their homes on reserves in Ontario between December 1, 1965 and December 31, 1984 and were placed in the care of non-aboriginal foster or adoptive parents who did not raise the children in accordance with the aboriginal person’s customs, traditions, and practices. Here is a link to the decision: //canlii.ca/t/g0qh0.
  • 17 January – After an appeal was by filed by the Government of Canada in December 2011, the case was heard by the Ontario Court of Appeal. The Court of Appeal confirmed the Divisional Court ruling except as to the issue of costs: //canlii.ca/t/fvn87.

2011

  • 28 December – The Government of Canada appealed the May 26, 2010 ruling of Justice Perell, to the Ontario Divisional Court. The Divisional Court overruled Justice Perell’s decision, but granted the plaintiffs leave to amend their Statement of Claim with a direction that the certification application be re-heard after the amendments were made. Here is a link to the decision: //canlii.ca/t/fphhx.

2010

  • 28 July – Fresh as Amended Statement of Claim
  • 26 May – Justice Perell of the Ontario Superior Court of Justice issued a ruling that a “sixties scoop” class action for Ontario residents could proceed as a class proceeding if the plaintiffs in that lawsuit made various changes to structure of their claim. Here is a link to Justice Perell’s decision: //canlii.ca/t/29xt5.