Aboriginal Sixties Scoop Class Action Lawsuit
This class action lawsuit has been filed against the Government of Canada. The lawsuit alleges that between 1962 and 1996, Canada negligently delegated Indian child welfare services to the Province of British Columbia. Ignoring its obligations to Aboriginal children, Canada took no steps to prevent them from losing their Aboriginal identity and the opportunity to exercise their Aboriginal and treaty rights when they were placed in foster homes and adopted by non-Aboriginals.
The plaintiff, a status Indian, was taken from her parents and placed in foster care when she was a young girl. She is bringing this lawsuit on her own behalf and on behalf of status Indians who were living in British Columbia and placed in foster care or adopted between 1962 and 1996.
If you are a status Indian who was placed in foster care or adopted between 1962 and 1996, please complete the Do You Qualify? form or Contact Us for more information.
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News & Updates
- 3 November - 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: http://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: http://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: http://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.