Court Favors Victims in’60s Scoop Class-Action Lawsuit

This article was last updated on April 16, 2022

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Superior Court Justice Edward Belobaba ruled on the ’60s Scoop case today in favor of the Ontario survivors and held the federal government liable in the class-action lawsuit for failing to protect them from losing their cultural identity. The decision released on Tuesday mentioned that “Canada had a common law duty of care to take reasonable steps to prevent on-reserve Indian children in Ontario, who had been placed in the care of non-aboriginal foster or adoptive parents, from losing their aboriginal identity. Canada breached this common law duty of care.”

Now, the court will decide how much in damages the government owes the survivors, who were taken from their homes as children in the 1960s and 1970s and placed in non-indigenous care. There are anticipated to be at least 16,000 people in Ontario who were affected by the ’60s Scoop.

The class action lawsuit was heard over three days in a Toronto courtroom last year in August. At the time, the plaintiffs’ lead lawyer, Jeffery Wilson, mentioned in the court that “this case is primarily about children and the right of the child to enjoy a sense of belonging,” He said related that Canadians take it for granted that they can speak various languages and share in the traditions of their ancestors, who came to this country from all over the world. According to Wilson, “not one of us would ever reasonably conceive of denying our children of knowing … the core of their identities, of sharing these experiences with their elders.”

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