Varley et al. v. AGC
LUKOWICH, SANDRA
Law Firm / Organization
Koskie Minsky LLP
Law Firm / Organization
Paliare Roland Rosenberg Rothstein LLP
Lawyer(s)

Andrew Lokan

Law Firm / Organization
Bennett Jones LLP
VARLEY, SHANNON
Law Firm / Organization
Koskie Minsky LLP
Law Firm / Organization
Paliare Roland Rosenberg Rothstein LLP
Lawyer(s)

Andrew Lokan

Law Firm / Organization
Bennett Jones LLP

- Parties: The plaintiffs were Sandra Lukowich and Shannon Varley. The defendants were the Attorney General of Canada and Métis National Council.

- Subject Matter: This case involved an Aboriginal law matter against the Crown. The plaintiffs moved to certify a class proceeding under r. 334.16 of the Federal Courts Rules, SOR/98-106. They asked the court to embrace the Indigenous persons not included in the 60’s Scoop class proceedings and settlement. The 60’s Scoop cases were Riddle v Canada, 2018 FC 641 and Brown v Canada, 2018 ONSC 3429. On June 10, 2021, in Varley v. Canada (Attorney General), 2021 FC 589, the Federal Court certified the class action. The common issues included the following: (1) whether Canada owed a fiduciary duty or a common law duty of care to take reasonable steps to prevent all Indigenous persons, excluding Indian and Inuit persons, who were placed in the care of non-Indigenous foster or adoptive parents from losing their Indigenous identities; and (2) whether Canada breached these duties if it did owe such duties. This case is ongoing.

- Date: The hearing was set on Apr. 4, 2024.

- Venue: This was a federal case before the Federal Court.

- Amount: No financial award was specified.

Federal Court
T-2166-18
Aboriginal law
20 December 2018
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