Brown v. Canada (Attorney General)

2010 ONSC 3095 (2010)

From our private database of 46,000+ case briefs, written and edited by humans—never with AI.

Brown v. Canada (Attorney General)

Ontario Superior Court of Justice
2010 ONSC 3095 (2010)

Facts

In Canada, the 19-year period between 1965 and 1984 was known as the Sixties Scoop. During the Sixties Scoop, welfare authorities enacted a policy of forced assimilation of Indigenous peoples by removing thousands of Indigenous children from their homes and placing them with non-Indigenous foster and adoptive families. Children who were scooped from their families were not allowed to speak their native languages, contact their families, or engage in their families’ cultural practices. As a result, the children suffered from psychological, emotional, and physical disorders, and the effects endured throughout the victims’ lives. Marcia Brown and Roberta Commanda (plaintiffs) were scooped from their Ojibway families, who lived in Ontario. With the support of the Chiefs of Ontario, Brown and Commanda filed suit against the federal government of Canada (defendant), arguing that it abdicated its responsibility of protecting Indigenous peoples. Brown and Commanda sought class certification on behalf of Ontario’s 16,000 victims of the Sixties Scoop, and they sought damages of $50,000 per victim. The federal government of Canada filed a motion to dismiss for failure to state a claim upon which relief could be granted. Several expert witnesses testified for Brown and Commanda, including a psychologist who testified that the destruction of the children’s cultural identity caused a variety of psychological and physical maladies that sometimes led to suicide. The psychologist further testified that victims’ psychological symptoms improved as the victims regained their cultural identity. In the psychologist’s opinion, a class action would provide a community healing experience for the victims. A psychiatrist testified that during the Sixties Scoop, child-welfare workers believed that assimilation was best for Indigenous children, but instead, assimilation caused a loss of cultural identity that resulted in psychiatric and emotional disorders that caused violence, substance abuse, and emotional isolation.

Rule of Law

Issue

Holding and Reasoning (Perell, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,000 briefs, keyed to 986 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,000 briefs - keyed to 986 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership