For those who are wondering about a previous version of this post...this particular post originated from Toronto Council Fire...Doesnt give folks much notice to attend.as is tomorrow...bu hopefully some can come. Please share widely! ...::: Message from Chiefs of Ontario :::... On November 13, 2014, Chief Marcia Brown-Martel will appear at the Ontario Divisional Court to argue for the protection of Indigenous cultural identity. This is Canada’s third attempt to appeal the Sixties Scoop case. The matter will be heard starting at 10:30am. The Chiefs of Ontario is encouraging First Nation citizens, communities, organizations, and all allies, to show their support by attending the Opening Ceremony at 9:00am on Thursday, November 13, 2014, at 361 University Avenue, in Toronto. A press conference will follow at 9:30am. This Memo provides brief information on the case and how you can get involved, in person or from afar, in supporting and advocating for the survivors and the protection recognition of Indigenous cultural identity. *** BACKGROUND *** The Sixties Scoop refers to a period of time between 1965 and 1984 where thousands of Indigenous children were removed from their homes and communities in Ontario and were placed in non-Indigenous homes. Note that the Sixties Scoop occurred after the introduction of the Canada-Ontario 1965 Agreement and before the implementation of the Ontario Child and Family Services Act. The plaintiffs claim that because Canada removed them and thousands of children from their Indigenous families and communities between 1965 and 1984, they were stripped of their Indigenous cultural identities and suffered physical and mental health problems. The plaintiffs claim that Canada should have prevented the harmful effects of Ontario’s child welfare system and should have ensured their Indigenous cultural identity was maintained. In 1965, Ontario and Canada entered into the Canada-Ontario Welfare Services Agreement, under which Ontario agreed to extend its provincial welfare programs to “Indians with Reserve Status”, and Canada agreed to reimburse the province for doing so. In 1984, Ontario passed the Child and Family Services Act (S.O. 1984, c.55), which incorporated protections regarding cultural identity into law. *** TIMELINE *** - February 2009: a class action lawsuit against Canada was filed by Chief Marcia Brown-Martel from Beaverhouse First Nation and Robert Commanda from Dokis First Nation (“plaintiffs”) on behalf of themselves, and over 16,000 Indigenous children who were victims of the Sixties Scoop. - May 2010: in the first class action certification hearing, Justice Perell granted leave to the plaintiffs to amend their claim because it was not “plain and obvious” that there were no viable causes of action. This allowed the plaintiffs to amend their statement of claim in such a way that would support a class action proceeding. A conditional certification process was put into place, but was overturned by the Ontario Court of Appeal on January 17, 2013. The Court of Appeal held that there must be a new hearing based on the amended statement of claim. - September 27, 2013: following the new hearing, Justice Belobaba certified the case as a class action and dismissed the Attorney General’s motion to strike out the amended statement of claim. - December 4, 2013: Canada appealed Justice Belobaba’s decision. - March 11, 2014: Justice Matheson granted the appeal to Canada. *** CURRENT STATUS *** On November 13, 2014, Chief Marcia Brown-Martel will appear at the Ontario Divisional Court to argue against Canada’s third appeal on the Sixties Scoop class action case. This case seeks to hold Canada accountable for not protecting the Indigenous cultural identity of more than 16,000 children between the years of 1965 and 1984. This outcome of this case has the potential to inform other child welfare cases currently before the courts, such as the Caring Society and Pikwakanagan cases. *** GETTING INVOLVED – ADVOCACY SUPPORT *** Showing your support in person will communicate to the judge and those in a position of authority that the respect and protection of Indigenous cultural identity is important to all Indigenous citizens, and it will also give positive encouragement to those fighting for important issue. The Chiefs of Ontario is encouraging Indigenous citizens, communities, organizations, and all allies, to show their support by attending the Opening Ceremony at 9:00am on Thursday, November 13, 2014, at 361 University Avenue, in Toronto. A press conference will follow at 9:30am.
Posted on: Thu, 13 Nov 2014 00:18:35 +0000
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