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60s Scoop class action isn’t a matter for the courts: gov’t lawyers

Groups of First Nations march on Parliament Hill, November 16, 1981, to protest the elimination of aboriginal rights in the proposed constitution. More than one hundred people took part in the march, and a brief ceremony on the Hill. Carl Bigras/The Canadian Press

TORONTO, Ontario – Lawyers for the federal government are in a Toronto court today asking for permission to appeal a decision that gave the green light to a class-action lawsuit dealing with aboriginal identity.

The lawsuit claims a devastating loss of cultural identity was suffered by Ontario victims of the so-called 60s Scoop and was certified by an Ontario judge earlier this year.

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The case against the Canadian government refers to a period of time between the 1960s and the 1980s when thousands of aboriginal children were taken from their homes and placed with non-native families by child welfare services.

Department of Justice lawyer Owen Young says the government isn’t saying those swept up in the scoop haven’t suffered, but it questions if the issue is one that the courts can deal with.

He says existing legal tools aren’t up to the task and the issue might be better suited to a socio-political discussion.

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Marcia Brown Martel is the lawsuit’s representative plaintiff and says she lost her distinct language, traditions and ties to her community after being taken from her aboriginal family and being adopted into a non-indigenous home.

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