policy consideration that would negate the common law duty of
care. Canada says that imposing a duty on the federal government to provide essential information about aboriginal identity
and federal financial benefits to the non-aboriginal foster and
adoptive parents would “penalize Canada for having used its
spending power to ensure that Ontario had the capacity to provide Indian children on reserves in need of protection with that
very protection”. In my view, this submission does not succeed.
Imposing a duty of care to provide said information would not
have “penalized” anybody. All that would have happened in
this case is that Canada would have provided the much-needed
information in and around 1965 and not 15 years later.
 I therefore find that a common law duty to take steps to
prevent aboriginal children who were placed in the care of non-aboriginal foster or adoptive parents from losing their aboriginal
identity has been established.
Answering the Common Issue
 In my view, the common issue must be answered as
 For the reasons set out above, when Canada entered into
the 1965 agreement and over the years of the class period, Canada had a common law duty of care to take reasonable steps to
prevent on-reserve Indian children in Ontario, who had been
placed in the care of non-aboriginal foster or adoptive parents,
from losing their aboriginal identity. Canada breached this
common law duty of care.
 The common issue is answered in favour of the plaintiff.
Canada is liable in law for breaching a common law duty of care
to the class members. This is not an issue that requires a trial.
 The class action now moves forward to the damages
assessment stage. Counsel should schedule a case conference to
discuss next steps.
 The plaintiff is entitled to the costs of this summary
judgment motion. These costs are likely to be substantial. If the
parties cannot agree on the costs I would be pleased to receive
brief written submissions from the plaintiff within 14 days and
from the defendant within 14 days thereafter. A brief reply from
the plaintiff may follow.
 Order to go accordingly.