a decision on the first stage of the merits. The representative
plaintiff brings this motion for summary judgment asking that
the certified common issue, which focuses on the liability of the
federal government, be answered in favour of the class members.
If the common issue is answered in favour of the class members,
the class action will proceed to the damages stage. If the common issue is answered in favour of the federal government, the
class action will be dismissed.
 Both sides agree that the common issue can be summarily
decided. I do as well. For ease of reference, I will refer to the
defendant government as “Canada” or the “federal Crown”.
 The background facts, as set out in the six previous decisions,2 are by now well-known, not only to the parties but to
many Canadians, and will not be repeated here. In any event,
the factual background is not in dispute.
 The Sixties Scoop happened and great harm was done.
 There is no dispute about the fact that thousands of aboriginal children living on reserves in Ontario were apprehended
and removed from their families by provincial child welfare
authorities over the course of the class period — from 1965
to 1984 — and were placed in non-aboriginal foster homes or
adopted by non-aboriginal parents.
 There is also no dispute about the fact that great harm
was done. The “scooped”3 children lost contact with their families. They lost their aboriginal language, culture and identity.
3095 (S.C.J.). Two appeals followed, first to the Divisional Court at (2011),
114 O.R. (3d) 352,  O.J. No. 6070, 2011 ONSC 7712 (Div. Ct.) and
then to the Court of Appeal at (2013), 114 O.R. (3d) 355,  O.J. No.
174, 2013 ONCA 18 (C.A.). The Court of Appeal reversed the certification
decision and directed that the matter be reheard by a different class
action judge. I reheard the matter and again certified the action as a class
proceeding at  O.J. No. 4381, 2013 ONSC 5637 (S.C.J.). The defendant sought and was granted leave to appeal from my decision at 
O.J. No. 1128, 2014 ONSC 1583 (Div. Ct.). The Divisional Court dismissed
the appeal and affirmed the certification at (2014), 123 O.R. (3d) 369,
 O.J. No. 5739, 2014 ONSC 6967 (Div. Ct.).
3 It was Patrick Johnson, the author of a 1983 research study on “Native
Children and the Child Welfare System”, that coined the name “Sixties
Scoop”. He took this phrase from the words of a British Columbia child-protection worker who noted that provincial social workers “would literally
scoop children from reserves on the slightest pretext”. See Chambers,
infra, note 4, at 122.