The plaintiff brought a class action for damages arising from the "Sixties Scoop" alleging that Canada breached its obligation under the 1965 Canada-Ontario Welfare Services Agreement to consult Indian bands before extending child welfare services to reserves.
This failure resulted in the loss of aboriginal identity for thousands of children placed with non-aboriginal foster or adoptive parents.
The court granted the plaintiff's motion for summary judgment, finding Canada liable for breaching a common law duty of care, though it did not establish a fiduciary duty.
The case will proceed to the damages assessment stage.
