Marcia Brown Martel speaks outside Osgoode Hall in Toronto, Wednesday, Dec.4, 2013. She is the representative plaintiff in a class action lawsuit that claims a devastating loss of cultural identity was suffered by Ontario victims of the so-called "60s scoop." The government is asking for permission to appeal the decision that gave the lawsuit the green light to proceed. THE CANADIAN PRESS/Diana Mehta
December 04, 2013 - 9:52 AM
TORONTO, Cananda - 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.
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.
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.
None of the lawsuit's claims have been proven in court.
News from © The Canadian Press, 2013