(Google Maps)

Residential school victims lose document fight; court sides with Ottawa

More than 60 lawsuits filed by 154 Indigenous children over the physical and sexual abuse

Survivors of the notorious St. Anne’s residential school have no right to documents they argued were crucial to compensating them for the horrific abuses they suffered, Ontario’s top court has ruled.

In rejecting a trio of interrelated appeals, the Court of Appeal found no reason to interfere with a lower court decision that sided with the Canadian government’s view the documents should be kept secret.

The materials in question were generated during 62 lawsuits filed between 2000 and 2003 by 154 Indigenous children over the physical and sexual abuse they suffered at St. Anne’s in Fort Albany, Ont.

The appellants argued the documents should have been available to bolster compensation claims under a process set up as part of the settlement of a class action over the Indian residential school system.

Two of the appellants — a man known as H-15019 and a woman known as K-10106 — were both initially denied compensation but both succeeded after a legal fight and reviews.

H-15019, who was ultimately awarded $183,556, argued the difficulties he had in advancing his claim arose because of the government’s failure to disclose all relevant documents it had, and that other claimants might have run into the same issue.

However, in its decision this week, the Appeal Court agreed the claimant had no direct tie to the civil litigation materials and the government, therefore, was not obliged to turn them over.

“The discovery evidence at issue was obtained in 62 distinct civil actions,” the Appeal Court said. “H-15019 was not a plaintiff in any of (them).”

In various lower court rulings over the past several years, Superior Court of Justice Paul Perell found the Canadian government had not acted in bad faith by failing to meet its obligations to turn over documents related to criminal proceedings that flowed from the St. Anne’s abuse.

“Nor did he make any finding of reprehensible, scandalous or outrageous conduct on the part of Canada,” the Appeal Court noted.

While Canada did eventually hand over the criminal-related documents, it argued it had no obligation to disclose transcripts and other civil-litigation materials on the basis the information was subject to confidentiality rules. Both Perell and the Appeal Court agreed.

The second appellant, K-10106, alleged her former lawyers had represented the Roman Catholic Church, which ran St. Anne’s during the civil actions, but failed to reveal the connection or that they knew relevant documents existed. She and the third appellant, Edmund Metatawabin, wanted Perell to issue an order the government argued would have essentially reopened the entire compensation process.

Metatawabin, a former chief of the Fort Albany First Nation and St. Anne’s survivor, never applied for compensation but has been active in the various legal proceedings.

Perell, however, found he didn’t have the right to do what was being asked of him. The Appeal Court again agreed with him.

While Perell’s ruling might not have been perfect, the Appeal Court agreed that he simply didn’t have the authority to grant the requested relief.

“In particular, he found that there is no basis to believe that the absence of the documents affected the outcome of her claim,” the Appeal Court ruled. “K-10106 was successful and received a substantial award.”

St. Anne’s, which the plaintiffs described as a “veritable house of horrors” where generations of Indigenous children suffered “unspeakable physical and sexual abuses,” has long been the subject of criminal and civil proceedings. Courts in Ontario and British Columbia have issued about 20 separate decisions and endorsements related to the compensation process involving the now-defunct school.

Colin Perkel, The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Auxiliary bake sale raised more than $1,000

Sweet success from Friday’s sale

Sled Dog Mail Run delivers a good time

Speciality envelopes to be included in mail run will soon be available

Four Quesnel students awarded scholarships for post-secondary education

Indigenous students Olivia Baptiste, Telise Gauthier, Breanne Nyquist and Megan Poole awarded

EDITORIAL: Be smart – don’t drink and drive

The lights are strung, the sales are on, Santa is magically appearing… Continue reading

Just another ride for B.C. bull rider

Quesnel rodeo champs O’Flynn and Cork discuss their last meet together as O’Flynn prepares to retire

Some types of cauliflower, lettuce recalled over E. coli fears

The Canadian Food Inspection Agency announced recall because of possible contamination.

Canada’s robust credit rating should calm unease about federal deficits: Trudeau

Trudeau says Canada’s long-running triple-A rating means experts have confidence in his government’s approach to the economy

CIBC shrinks event after Whistler mayor irks oil producers

After Whistler sent a letter to a Calgary-based oilsands giant, several energy firms said they would back out of the CIBC event.

Couple caught up in B.C. Legislature bomb plot to learn their fate

John Nuttall and Amanda Korody were arrested as part of an undercover RCMP sting on Canada Day 2013

Trial rights of accused spy for China at risk, lawyer tells Supreme Court

The lawyer for a man accused of trying to spy for China says federal foot-dragging over secrecy is endangering his client’s right to timely justice.

‘Recall fatigue’: Canadians may avoid certain foods over holidays

In the winter, Canada’s supply of fresh fruit and vegetables tends to come from very specific areas.

Ryan Reynolds to narrate movie about B.C.’s Great Bear Rainforest

Vancouver-born actor known for Deadpool movies will voice film to be released Feb. 15, 2019

Airline passengers could get up to $2,400 for delays, damaged bags: Canadian agency

Canadian Transportation Agency is releasing draft regulations for public feedback

Top of mind: ‘Justice’ is Merriam-Webster’s word of the year

Merriam-Webster has chosen “justice” as its 2018 word of the year, driven by the churning news cycle and President Trump’s Twitter feed.

Most Read