CIVIL PROCEDURE - Parties - Class or representative actions - Certification

Law360 Canada (October 13, 2022, 6:22 AM EDT) -- Motion for certification of this action as a class action. The litigation sought to hold Canada liable to off-reserve Indigenous children and families for Canada's failure to take reasonable steps to prevent injury and loss to those off-reserve Indigenous children of their identity, culture, heritage and language. The action challenged Canada's role between 1992 and 2019 in allowing Indigenous children who were in state care to be placed in non-Indigenous homes and in the care of individuals who were not part of their Indigenous group, community or people. The claim was grounded in Canada’s duty to protect apprehended Indigenous children and youth from loss of their Aboriginal identity as informed by the honour of the Crown, Canada’s fiduciary obligations, Canada’s common law duty of care and Canada’s responsibility for all Indigenous peoples, whether status Indian, non-status, Métis or Inuit, and regardless of whether they resided on or off reserve land. The plaintiffs sought recovery only against the Federal Crown. The defendant accepted that the plaintiffs had a reasonable cause of action, a certifiable class and appropriate representative plaintiffs but questioned whether resolutions of the issues raised required the presence and participation of the provinces and territories....
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