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Activist Communique: The Brown and Commanda '60s scoop class action -- appeal

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The Brown and Commanda Sixties Scoop Class Action - Appeal

The Deets:

Friday, October 28 , 2011
9:30 a.m. - 1:00 p.m.
[Note change of location]
361 University Avenue
Courtroom 6-1

The Call Out:

As many of you have heard, the appeal of the Sixties Scoop Class Action Case will be heard on Friday, October 28, 2011.

The appeal is a public hearing. Anyone can attend.

Marcia Brown and Robert Commanda, as the two who seek to be the representative plaintiffs, and all who have supported the case from the First Nations communities, are leading the way on this important journey towards the identification and security of a human right to one's cultural identity. Your presence at court on this day may help send out a strong message to our community.


The class action lawsuit initiated against the Canadian government for their failure to protect first nations children's cultural identity during the "'60s scoop." It is a case about "cultural genocide" and "identity genocide" of First Nations persons, status and non-status aboriginal persons in the sense that claimants were denied or had taken from them knowledge of their biological parents, siblings, their spiritual connnections, their language, their birth names, their customs, their family, their genealogy.

The Plaintiffs are claiming "breach of fiduciary duty" and "negligence" on the part of the federal government.

Claimants in the class action are limited to:

- those who experienced the loss/denial in the Province of Ontario.

- those who experienced the loss/denial between the early 1960s to the mid 1980s: specifically, December 1, 1965 to January 1, 1985.

- if an individual has already made a claim and participated via the residential schools abuse cases, then they can still provide their information in the Claimant Intake Form but most likely cannot participate in this class action because those individuals made a deal in that case.


Brown and Commanda are the representatives to a class action where they are suing Canada.

They are suing Canada on behalf of themselves and possibly 16,000 other aboriginal persons.

They are arguing that a wrongful act was committed. It happened between the years 1965 and 1984 and it has to do with Canada turning a blind eye or outsourcing its duty to preserve aboriginal cultural identity for all of the children in Ontario who were placed in non-aboriginal homes for adoption or as crown ward or foster children. They argue that in consequence of what Canada, or did not do, they lost their cultural identity and this has caused them much pain and suffering.

For more information, please see here.


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