Arbutus Law Group LLP welcomes this week’s decision of the Ontario Superior Court of Justice, which found that Canada breached its duty of care to Indigenous children removed from their homes and communities during a shameful era of Canadian history known as the “Sixties Scoop”. The Court found that Canada failed to protect the cultural identity of these Indigenous children who were placed in non-Indigenous care between 1965 and 1984.
The Court came down strongly against Canada for its failure to take reasonable steps to protect these children’s identity. It also derided Canada for many of its arguments advanced during the trial. At times the judge found that Canada’s arguments were ‘odd’, ‘insulting’, ‘missed the point’ or ‘strained credulity’.
Although ALG welcomes this decision, it is unfortunate that it took eight years of protracted trial for the victims. And this is not the end of the road for the plaintiffs, as the decision did not determine the amount of damages owed to the victims. Damages will be determined during the next phase of the court process.
This decision dealt with the 16,000 survivors of the Sixties Scoop in Ontario between 1965 and 1984. Other class action suits have been filed across the country by the survivors of the Sixties Scoop in other provinces.
The text of the decision can be found here.