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Aboriginal Sixties Scoop

November 2013

November 3, 2013

In May, 2010, 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 The Government of Canada appealed the ruling, 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.

The case then went up to the Ontario Court of Appeal, which confirmed the Divisional Court ruling except as the issue of costs: //canlii.ca/t/fvn87.

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.

Read Justice Belobaba’s decision.

We have been told that the Government of Canada has again appealed the decision. Further updates will be posted as they become available.