Native
The residential schools saga
By Insight Staff

Hardcopy Issue Date: November 2001
Online Publication Date: Nov 1, 2001, 19:58

Ottawa - There have been new developments in the lawsuits filed by former students at native residential schools, alleging physical and sexual abuse by staff members. The schools were run on behalf of the Canadian government by four Christian churches.

In June 1998, Chief Justice Brenner of the B.C. Supreme Court issued a landmark ruling that the Crown and the United Church were "vicariously liable" for assaults at a Port Alberni, B.C., school. Vicarious liability is a no fault construct which does not assume negligence, blame or guilt. Upon this ruling were based various later judgements relating to the schools.

In July this year, Justice Brenner issued his final ruling on the case. He allocated 75% of the settlement for the students to be paid by the federal government, and 25% by the church. He reasons that, as well as vicariously, the government was also directly responsible because the Indian Act imposed on it a statutory duty to care for the native children.

This decision has not gone down well with Ottawa. There is a long backlog of cases awaiting their day in court. Despite the time limit on appeals having long expired, the Liberal government launched an appeal of the original 1998 decision in September. As the appeal will probably take years to go through, native advocates fear many plaintiffs may be dead before it is resolved. Chief Robert Joseph says, "This will set back whatever momentum there was for justice, healing, and reconciliation."

Rev. David Iverson of the United Church has suggested that it may be time to move away from litigation towards an out-of-court compensation settlement. Sister Marie Zarowny, chairwoman of a Catholic task group on the schools, accuses a recent government-commissioned poll of slanting the issue in the government's favour. While criticizing the poll as an act of "serious bad faith," she also notes that most respondents consider financial compensation for abuse as of lesser importance than support groups and counselling.

(Files from N. Post; New Freeman).