Shawn Scarcello

Shawn Scarcello is a Managing Partner of Cochrane Sinclair LLP, and one of the firm's founding partners.

A dedicated advocate practicing Indigenous Law, Constitutional Law, Civil and Commercial Litigation, Shawn represents Indigenous governments, institutions, and individuals on complex matters, including class actions for plaintiffs, human rights claims, Indigenous rights and governance and constitutional challenges. The claims Shawn takes on have been and are amongst the largest and most complex litigation matters that Canada's courts have ever faced, addressing historical and systemic failures that have caused significant intergenerational pain and suffering.

Recently, Shawn, alongside Kris Saxberg, Sonny Cochrane and Katherine Olson, successfully challenged the Government of Manitoba for wrongfully appropriating Children's Special Allowance benefits from children in foster care. As co-lead counsel, and despite Manitoba's efforts to bury their wrongdoing through legislation that literally discontinued Shawn's first court challenge to Manitoba's actions, Shawn successfully argued that Manitoba's actions discriminated against the children in foster care in contravention of their Charter Rights, which led to over $500 million in benefits and interest being returned to these children and former children in foster care whose rights were violated, which is the largest settlement in Manitoba history. Manitoba has officially apologized for its actions, recognizing the real harm it caused to the most vulnerable members of our society, and recognizing that it took legal action to bring the government to justice.

In addition to being a Managing Partner and carrying on a substantial Indigenous Law and Aboriginal Rights litigation practice, Shawn also advises select Indigenous employer organizations on workplace matters such as discipline and termination, employment litigation, grievances, human rights issues including discrimination and harassment, and employment standards. He also offers guidance on employment agreements, workplace policies, collective bargaining, and compensation and benefits matters. Shawn handles various labour proceedings involving legislation such as The Labour Relations Act, The Canada Labour Code, Workplace Safety and Health laws, Human Rights legislation, and Employment Standards. His expertise is recognized at all levels of court in Manitoba, the Federal Court, the Federal Court of Appeal, and numerous administrative boards and tribunals, including the Manitoba Labour Board.

Education

• University of Manitoba, Juris Doctor, 2008
• University of Winnipeg, Bachelor of Arts (Hons), 2005

Leadership, Membership and Achievements

• Manitoba and Canadian Bar Association
• University of Manitoba Moot Court Judge, 2016
• Law Society of Manitoba, CPLED Instructor, Negotiations Module, 2015-2016
• University of Manitoba, Cecil Black Memorial Prize
  in Current Legal Problems, 2008
• University of Winnipeg Academic All Canadian, 2001-2004