APTN National News
An Ontario judge has ruled that Canada is liable for breaching a fiduciary duty to care for Indigenous children swept up in the 60s Scoop and owes them for failing to do so.
The ruling was handed down Tuesday morning by Justice Edward Belobaba in Toronto.
“When Canada entered into the 1965 Agreement and over the years of the class period, 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,” said Belobaba in his ruling.
The judge also stated that the class action suit involving thousands of First Nations children can move forward to the damages assessment stage.
“The plaintiff is entitled to the costs of this summary judgement motion,” Belobaba said. “These costs are likely to be substantial. If the parties cannot agree on the costs I would be pleased to receive brief written submissions from the plaintiff within 14 days and from the defendant within 14 days thereafter.”
The plaintiffs are asking for $1.3 billion in damages.
Indigenous Affairs Minister Carolyn Bennett says Canada will not appeal the decision.
I am relieved beyond words to finally have our voices heard and the Canadian courts agree, First Nation children were wronged. Their voices finally allowed to speak after fifty, and more, years, of being silenced. I hope this Judgement will include off-reserve First Nation children who were also STATUS children of Status parents, bill C-31 children, and at least, remain open for non-status First Nation, Metis and Inuit children. This Judgement should not be closed to any adult survivor of the 60’s scoop with an Indigenous blood line.