Cochrane Sinclair Holds Canada Accountable in Federal Court Win for First Nations

March 26, 2025

Cochrane Sinclair is proud to share that the Federal Court has certified a national class action in the case of Fisher River Cree Nation et al. v. Attorney General of Canada (T-213-23). The case seeks justice for collective harms suffered by First Nations whose children were removed from their communities under Canada’s First Nations Child and Family Services Program and associated policies since 1991—a period now widely referred to as the Millennium Scoop.

This ruling marks a significant milestone in the ongoing effort to seek accountability and restore what has been lost.

“This case is not just about children being taken away. It is about what their absence meant to the Nations. Language was lost, ceremonies were interrupted, and communities were forced to carry an unspoken grief. Certification validates that these harms deserve to be heard and addressed in court.”

— Harold (Sonny) Cochrane, K.C., Co-Managing Partner, Cochrane Sinclair

A collective fight for cultural survival

The Millennium Scoop refers to the widespread removal of First Nations children from their families and communities into foster care, group homes, and non-Indigenous custody. These removals were driven by federal child welfare funding structures that created harmful conditions for Indigenous families.

While other legal processes have addressed individual compensation, this class action is different. It focuses on the collective harm experienced by First Nations as communities. The claim argues that Canada breached section 2(a) of the Charter, violated section 35 of the Constitution Act, failed in its fiduciary duty, and caused lasting harm through systemic negligence.

These legal arguments build on the findings of the Canadian Human Rights Tribunal, which ruled that Canada discriminated against First Nations children through its child welfare funding policies.

The Nations leading the claim

Ten First Nations from Alberta and Manitoba are acting as representative plaintiffs in the case:

• Fisher River Cree Nation
• Poplar River First Nation
• Sioux Valley Dakota Nation
• Manto Sipi Cree Nation
• Swan River First Nation
• Horse Lake First Nation
• Whitefish Lake First Nation
• Sucker Creek First Nation
• Dene Thá First Nation
• Dakota Tipi First Nation

These Nations are standing together to represent the collective experience of communities across Canada who endured the intergenerational effects of widespread child apprehension.

Canada opposed. The Court disagreed.

In September 2024, the Federal Court held a hearing in Vancouver to determine whether the class action should proceed. Canada opposed certification on every ground, arguing the issues were too complex and not suitable for a class action. The Court rejected all of Canada’s arguments and confirmed that the case meets the legal criteria to move forward.

A coalition of legal leadership

This case is being advanced by a national legal team that includes:

• Cochrane Sinclair LLP
• Murphy Battista LLP
• Sotos LLP
• Miller Titerle + Company

Cochrane Sinclair, Canada’s largest Indigenous-led law firm, has provided cultural insight and legal strategy since the early stages of the case.

“As an Indigenous-led firm, we bring more than legal expertise. We bring lived knowledge. This is about truth, trust, and transformation. We are proud to walk alongside First Nations in this journey.”

— Harold (Sonny) Cochrane, K.C.

What comes next

With certification granted, the case now moves forward into the next phase of litigation. A national notice process will soon launch, giving First Nations across Canada the opportunity to opt into the class action.

Communities will have the chance to stand together and seek recognition for the harms they endured through the removal of their children.

A future rooted in justice

At Cochrane Sinclair, we believe this case is about more than legal arguments. It is about the right to culture, language, and connection. It is about communities whose identity was interrupted and the ongoing work to rebuild what was taken.

“We cannot undo what happened. But we can use the law to help restore what was lost and protect what still remains.”
— Harold (Sonny) Cochrane, K.C.

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