First Nations Bands Class Action
Chief David Crate on behalf of Fisher River Cree Nation et. al. v The Attorney General of Canada
Current Status
- September 3-5, 2024: Certification hearing
- Remote access to watch the hearing can be accessed by clicking here:
T-213-23 | Chief David Crate et. al. v. The Attorney General of Canada - The hearing starts at 9:30 a.m. PDT each day.
- Remote access to watch the hearing can be accessed by clicking here:
Please continue to check here for further updates.
History of the proceeding
- July 18, 2023: Amended Statement of Claim filed
- February 9, 2023: Federal Court Justice Peter G. Pamel and Associate Judge Catherine A. Coughlan assigned as Case Management Judges
- January 31, 2023: Statement of Claim issued
What is this claim about?
This case alleges that the government of Canada has systematically separated First Nations children from their bands, communities, families, cultures, languages, and religions by failing to adequately fund child services systems and by operating those systems in a discriminatory manner. In so doing, Canada has breached First Nations bands’ rights to raise their own children and pass on their cultures, languages, and religions.
This is an opt-in class action, meaning that only First Nations bands that have actively decided to participate are covered. All First Nations bands in Canada are invited to participate.
Murphy Battista LLP is bringing this claim as part of a consortium of firms across the country, including Sotos Class Actions (ON), Cochrane Saxberg (Manitoba), Miller Titerle (BC) and Gowlings (national). The court will decide at a later date if the case will proceed as a class action.
View the January 31, 2023: Statement of Claim.
Court Documents
- January 31, 2023 Statement of Claim
Who are the lawyers?
This class action is being pursued by a consortium of lawyers, including:
- Murphy Battista LLP (BC), led by Angela Bespflug.
- Miller Titerle + Company (BC), led by Joelle Walker and Erin Reimer.
- Sotos Class Actions (ON), led by David Sterns, Mohsen Seddigh and Adil Abdulla.
- Cochrane Saxberg, Barristers & Solicitors (MB), led by Harold (Sonny) Cochrane, KC, Shawn Scarcello and Melissa Serbin.
- Gowling (national), led by Maxime Faille, Aaron Christoff and Keith Brown.
What should I do if I have been impacted?
As this is an “opt in” class action, please register with us by submitting the form below to ensure that we have your contact information.
A member of the legal team handling this action will contact you to confirm that you have been added to our database.
Questions?
If you have questions you can email [email protected] or call Murphy Battista’s Vancouver office at (604) 683-9621 or Toll Free at 1-844-633-3817, and ask to speak to a member of the legal team handling the First Nations Bands Class Action. Reception will transfer your call to someone who can help you.
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