The Statement of Claim, initiating this proposed class action, was filed in the Federal Court on June 10, 2020. An Amended Statement of Claim was filed on January 14, 2021 and a Further Amended Statement of Claim was filed on September 23, 2021.

On April 12 and 13, 2022, the parties made oral submissions on certification.

On June 17, 2022, this proposed class action was certified as a class proceeding by the Federal Court.

Canada filed an appeal from the Federal Court’s judgement certifying this class action.

On October 23, 2024, the parties made oral submissions on the appeal.

On May 29, 2025, the Federal Court of Appeal issued its decision and overturned the certification of this proposed class action.

Class counsel intend to apply for leave to appeal the decision of the Federal Court of Appeal to the Supreme Court of Canada. The leave application is due at the end of August 2025.

Certification Order

• Certification Order T-620-20 (EN)
• Certification Order T-620-20 (FR)

Reasons for Certification

• Reasons for Order T-620-20 (EN)
• Reasons for Order T-620-20 (FR)

Reasons for Appeal

• Canada v. Stonechild, 2025 FCA 105

Press Releases & News Coverage

Certification of the Indigenous Millenium Scoop Class Action

Murphy Battista LLP and Cochrane Sinclair LLP have brought a class action proceeding against the Government of Canada (“Canada”) concerning the apprehension of Indigenous children and youth, living off-reserve, by child welfare agencies, and their placement in the care of individuals who were not members of their Indigenous community, group or people.

This class action alleges that Canada failed to take reasonable steps to protect and preserve the aboriginal identity of the Indigenous children and youth who were apprehended. Canada denied Indigenous children and youth any reasonable opportunity to maintain connections to the language and territory of the Indigenous community, group or people to which they belonged. Canada’s actions also denied Indigenous peoples’ their inherent right to jurisdiction over child and family services. This lawsuit alleges that Canada should have taken steps to safeguard the wellbeing of apprehended Indigenous youth and children and ensure that Indigenous youth and children, and their families, were advised of any federal financial benefits to which they may have been entitled; this lawsuit alleges that Canada failed to do so. This conduct was systemic, lasted for decades, and eradicated the language, culture, and heritage of Metis, Inuit, and Status and Non-Status Indian (First Nations) children and youth in care. The parents and grandparents of apprehended children and youth were also harmed; in many cases, these parents and grandparents never saw their children and grandchildren again.

This class action alleges that as a result of Canada’s policies, practices, acts and omissions, Indigenous children and youth lost their aboriginal identity – including their Indigenous language, heritage, spirituality, and traditions – were deprived of their aboriginal and treaty rights, were deprived of federal financial benefits, were subject to forced cultural assimilation, and suffered psychological, emotional, and spiritual harm. The parents and grandparents of these children lost the ability to pass their culture and aboriginal identity on to their children.

This action seeks damages for Indigenous children and youth who were apprehended from their families by child welfare agencies, while living off-reserve, between January 1, 1992 and December 31, 2019 and placed in the care of individuals who were not members of their Indigenous community, group, or people, as well as for their families. The goal of this lawsuit is to compensate these children and their families for their losses, vindicate their rights, and deter future violations of these rights by Canada and other state actors. This class action does not include Indigenous children and youth who were apprehended while living on-reserve, who are instead class members in another proposed class action styled as Moushoon and Meawasige (by his litigation guardian, Beadle) v The Attorney General of Canada.

This class action is part of a series of similar cases being advanced by Murphy Battista LLP and a consortium of other law firms from across Canada, brought against Canada and the governments of some provinces. For further information about the series of cases as a whole, see:  https://millenniumscoopcan.ca/.