The Ontario Bar Association is pleased to honour the work of four outstanding Ontario lawyers who have dedicated countless hours over several years, on a pro bono basis, to fighting to protect the rights of First Nations children across Canada.
These four individuals will be presented with the 2017 OBA President’s Award for their outstanding contributions to the landmark case First Nations Child and Family Caring Society of Canada et al v Attorney General of Canada (for the Minister of Indian Affairs and Northern Development Canada).
The Case
In 2007, the First Nations Child and Family Caring Society (the Society) filed an historic complaint with the Canadian Human Rights Commission against the responsible federal government department, then known as Indian and Northern Affairs Canada (INAC). The Society argued that the Canadian government was discriminating against Canadian First Nations children, alleging that they receive 22% fewer funds than non-Aboriginal children.
Soon after, the Society’s executive director, Cindy Blackstock, became subject to retaliatory measures from the Government, including exclusion from meetings by INAC. After a successful Freedom of Information Request, she also discovered that the government was surveilling her professional and personal activities.
 Sarah Clarke
Sarah Clarke joined the case in 2009, while an associate at Stikeman Elliott LLP. For the next several years, she handled the judicial review applications that overturned the Tribunal's earlier dismissal of the discrimination complaint.
In 2013 she joined Hensel Barristers, where she continued her pro bono work for the Society in addition to her work providing legal services to Aboriginal communities and individuals on a variety of matters.
Sarah is now principal of Clarke Child and Family Law, where her practice focuses on child and youth law, including child protection and relatedfamily law matters, like divorce, separation, custody and access and estate litigation.
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The case was referred to the Canadian Human Rights Tribunal (the Tribunal), but after a single hearing it was delayed for more than a year, in part because the Tribunal refused to consider the Society’s motion to add retaliation allegations.
After the Society’s legal team applied to the Federal Court to force a hearing, the Tribunal dismissed the case on the basis that because only on-reserve First Nations children receive federal funding, a reasonable comparison cannot be made with off-reserve, provincially funded children.
 Sébastien Grammond
Professor Sébastien Grammond presented the constitutional law and indigenous law arguments at the final hearings in October 2014. He also coordinated, with the other team members, the preparation of the written arguments that the Society submitted to the Tribunal, which was more than 200 pages in length.
Sébastien has been a professor at the Civil Law Section of the University of Ottawa since 2004. He has taught Obligations (contract law), Aboriginal Peoples and the Law, Civil Procedure and Business Organizations.
Sébastien’s main research interests pertain to indigenous peoples and the law and, more generally, to the legal treatment of minority issues, and has authored three books and several published papers on those subjects.
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The Canadian Human Rights Commission applied for a Federal Court judicial review of the Tribunal’s decision. In April 2011, the Tribunal’s decision was overturned and the case was sent back for a new hearing, this time with the allegations of retaliation included for consideration.
On January 26, 2016, the Tribunal released its decision: the federal government had discriminated against Canada’s aboriginal people by underfunding First Nations child welfare programs.
Anne Levesque
Anne Levesque, counsel of record on the case since 2009, helped develop the case strategy and the legal arguments concerning discrimination and the appropriate remedy.
Known for her devotion to human rights and equality law, Anne has worked with a wide range of equality seeking groups, legal clinics and not-for-profit organizations on test case litigation, interventions, appeals and law reform initiatives.
Anne has taught equality law, social justice and constitutional litigation as a part-time professor for the University of Ottawa’s French Common Law Program. She is co-director of the University of Ottawa Common Law Section’s Law Practice Program.
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In its decision, the Tribunal ordered the Government of Canada, among other things, to cease the discrimination against First Nations children and to reform the FNCFS Program, so that First Nations children living on-reserve are, at last, treated fairly.
 David Taylor
David began his career as law clerk for Justice Andromache Karakatsanis of the Supreme Court of Canada. After a brief time with the litigation group of Heenan Blaikie in 2013, he co-founded Power Law, a bilingual firm based in Ottawa, Vancouver and Montreal.
David maintains a general civil litigation practice focused on public law, appellate advocacy, minority rights, and the relationship between the citizen and the state.
He has acted for multiple First Nations clients and minority language school boards, and in addition to his work with the Society, he was a key member of the plaintiffs’ legal team in Association des parents de l’école Rose-des-vents et Conseil scolaire francophone de la Colombie-Britannique v British Columbia (Education), the largest education rights case since the adoption of the Canadian Charter of Rights and Freedoms.
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“The pro bono team that brought this case represents the highest ideals of the legal profession” says OBA President David Sterns. “It was an ambitious and highly creative application of the law and it resulted in a landmark decision that will benefit generations to come.”
Lawyers from across the province will gather on April 26th for a special Awards Gala to celebrate the remarkable spirit and achievements of Sarah, Sébastien, Anne and David.