Award Winning Family Law
We are proud to announce...
In a remarkable decision which will change the analysis under the Hague Convention on the Civil Aspects of International Child Abduction (“the Convention”) all over Canada, Wilson Christen intervened on behalf of the Defence for Children International.
The Supreme Court of Canada has determined that a hybrid model must be employed in Canada when determining habitual residence under the Convention. This means that the Court cannot just focus on parental intention anymore and instead must focus on all of the relevant considerations arising from the facts of the case including the child’s circumstances, the child’s links to the country, nationality, duration, conditions and reasons for the child’s stay in the country.
Further, the Supreme Court of Canada has found that the child’s objections to a return should be assessed in a straightforward fashion, without the imposition of formal conditions or requirements not set out in the text of the Hague Convention.
For our client, Defence for Children International Canada, and for children everywhere, the decision is a step in ensuring that adult values and prejudices do not get in the way of listening to them. The decision is even more important in ensuring that when a judge has to deal with those very hard cases about a decision to return a child and parent to the jurisdiction of habitual residence, a contextual approach involving a consideration of all relevant facts is essential to do justice, primarily to the children about whom the Convention is, after all, concerned.
OCL v. Balev
We are so pleased to announce that our talented associate, Jessica Braude, has been awarded the Heather McArthur Memorial Young Lawyer's Award from the Ontario Bar Association.
Jessica is a remarkable lawyer, whose dedication to social justice and the development of the law in Ontario - specifically the Sixties' Scoop Claim helped to bring about an $800,000,000 settlement for the survivors of the decades long "Scoop" of Indigenous children from their families.
Jessica brings her tenacity and relentless enthusiasm to Wilson Christen LLP and we are delighted to share her success with you.
Start by contacting us. We’ll help you assess and explore options for an effective route to resolution. How can we advise and support you? What services do you require? We’ll review your situation to determine your needs.
We’ll map out your options and take you through the details of each approach. You may find Collaborative Law or Mediation to be efficient and less stressful options. If court proceedings or arbitration are required, we’ll advocate skillfully on your behalf.
You want the best outcome as soon as possible. At every stage, we’ll outline options to achieve resolution so you can access your next steps including settlement. You’ll make informed decisions to complete the process in the most constructive and efficient manner.
Canada will pay up to 750 million Canadian dollars ($598 million) in compensation to thousands of aboriginals who were removed as children from their families decades ago, a top official said Friday, promising to end “a terrible legacy."
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The government will pay nearly $800m to survivors of the ‘Sixties Scoop’ policy, which forcibly removed aboriginal children from their families.
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The Federal Government announced (Oct. 6) that the Sixties Scoop case has been resolved in a Canada wide resolution - led by our plaintiff Chief Marcia Brown. It is a privilege for us to have been a part of this historic moment and we admire the strength and courage of Chief Brown bringing forward this important claim and seeing it through to resolution. I have attached a short video of Chief Brown describing this moment. For more information please visit sixtiesscoopclaim.com
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Judge rules in favour of Indigenous survivors of Sixties Scoop.
Damages to be decided, but government found 'liable of harm'; plaintiffs sued for $1.3B
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After a legal battle that lasted nearly a decade, a judge has ruled that the federal government is liable to thousands of Ontario natives who were removed from their communities and adopted into non-indigenous families in what became known as the Sixties Scoop.
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Judge rules in favour of ’60s Scoop victims
Federal government found to have breached its “duty of care” by failing to protect cultural identity of indigenous children removed from their homes.
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'It's a vindication': Sask. survivor welcomes Sixties Scoop ruling
A Saskatchewan woman is ecstatic about Tuesday's landmark court ruling on the Sixties scoop, calling it a powerful indictment of the federal government and all those who participated in Canada's "colonial" system.
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Lawyers for indigenous people who were removed as children from their homes on reserves to be placed with non-aboriginal families are furious after the federal government asked a judge to consider delaying his imminent verdict in the now eight-year-old case.
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A Divorce Lawyer, Social Worker, And Book Editor On The Art Of Hard Conversations.
Let the pros show you how to have the toughest talks.
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Victims pack Ontario courthouse to attend Sixties Scoop hearing. Indigenous people who were taken from their families as part of the Sixties Scoop packed an Ontario courtroom for a milestone class-action hearing that hinges on the value of cultural identity – and whose obligation it is to protect it.
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Sixties Scoop survivors recall painful memories in Ontario. Court hearing on lawsuit adjourns, set to resume Dec. 1 if no settlement reached. Supporters of the Sixties Scoop class-action lawsuit hold signs and flags outside a Toronto courthouse before lawyers press for a summary judgment on the case.
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From Seine River First Nation to The Annex: A Sixties Scoop survivor's journey to Toronto. When Melanie Montour was finally reunited with her mother, they no longer spoke the same language.
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What was the ‘60s Scoop’? Thousands of First Nations, Métis and Inuit across Canada who were ripped from their homes as children are getting their day in court after a years-long struggle in what has become known as the “Sixties Scoop,” a painful, but little-understood chapter of Canadian history.
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#SixtiesScoop lawsuit heard in court today, as survivors recall painful memories. http://www.cbc.ca/1.3733346
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Long-awaited ‘60s Scoop class action began Tuesday, adjourned to December. Hundreds of Indigenous people from across Ontario rallied Tuesday in Toronto ahead of a landmark court hearing on whether the Canadian government robbed them of their cultural identities…
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Lawyer in Sixties Scoop case delivers apology as hearing begins. First Nations children taken from their families suffered “profound harm” amid the loss of their culture, says Jeffery Wilson.
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Ottawa must apologize for “Sixties Scoop” and compensate survivors: Despite Ottawa’s shifting rhetoric on indigenous issues, the federal government has been remarkably slow to acknowledge its failure and compensate its many victims.
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The federal government has announced a payout of C$800m ($635m; £488m) to some 20,000 victims. Starting in the 1960s, child welfare agencies removed thousands of indigenous children from their homes and placed them with non-indigenous families.
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On Friday, the Canadian government took a step to make amends for that adoption program, which began in the 1960s and lasted till the 1980s, by agreeing to pay 750 million Canadian dollars in legal settlement.
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Canadian judge rules in favor of forcibly adopted First Nations survivors
Government is responsible for trauma of 16,000 indigenous children removed from families in ‘Sixties Scoop’ between 1965 and 1984, judge said
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AFN National Chief Perry Bellegarde Welcomes Sixties Scoop Court Decision: "Children of the Sixties Scoop Deserve Justice"
Assembly of First Nations (AFN) National Chief Perry Bellegarde welcomed today's decision by the Ontario Superior Court in the Sixties Scoop class-action lawsuit.
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Lead Claimant Responds to Court's Decision in Sixties Scoop Trial: Government Found "Liable for Harm"
This morning, after eight years of litigation, Justice Belobaba issued a decision in the Ontario Sixties Scoop Claim, finding the government liable for the harm endured by survivors due to their loss of cultural identity.
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Sixties Scoop ruling could cost federal government over $1 billion
A dark chapter in Canada’s past may end up costing present-day taxpayers over $1 billion as the government makes amends for what some have deemed “cultural genocide.”
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Metro Morning
"60s Scoop"
It was called the "60s scoop"... Thousands of indigenous children were taken from their homes and put into foster care... Now some of those grown children have launched a lawsuit over the scoop. Matt Galloway spoke with Marcia Brown Martel.
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Dear Prime Minister: Right the wrong of the 'Sixties Scoop'.
In an open letter to Prime Minister Justin Trudeau, aboriginal leaders call for resolution to grievances arising out of the ‘Sixties Scoop’ involving thousands of children.
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Indigenous leaders are calling on Prime Minister Justin Trudeau for redress of the Sixties Scoop, a government policy under which child welfare officials removed Indigenous children from their homes and placed them with non-Indigenous families.
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The federal government says it is willing to settle lawsuits over the mass adoption of indigenous children into non-indigenous families, even as its lawyers file hundreds of pages of disclosure related to an Ontario class-action lawsuit scheduled to be heard in court next week.
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"Commit your government to resolving this issue without more delay and support our call to recognize and right an immense wrong — with both words and deeds," say Ontario Regional Chief Isadore Day and four other Indigenous leaders in an open letter to Trudeau.
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In Sarah Hamson’s Globe and Mail article regarding the Madonna/Ritchie custody litigation, Jeffery Wilson comments "Custody litigation is reserved for the very wealthy by and large. It has nothing to do with the children..."
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Brenda's results are highlighted in the 2009 article 'Millionaire ordered to pay $31,015 a month in temporary child support' by Kirk Makin. Brenda secured the largest temporary child support awarded by a court in Canada.
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