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An Ontario appeals court has reportedly overruled a decision that would keep an Indian residential school class action lawsuit in British Columbia, ruling that the action should be heard in Ontario.
Everything GP reports that the appeals court pointed out that the class action lawsuit concerned one of the most notorious residential schools in Canada, St. Anne’s, which was located in Ontario. Additionally, Class Members are also located in the province.
“Access to justice is best served by providing that an issue raised by an Ontario claimant that is relevant only to members of the Ontario class be dealt with by the Ontario supervising court,” stated the Appeals Court’s decision.
Class Action Lawsuit Alleges Students Abused
The Appeals Court decision is the latest step in a massive Indian residential school class action lawsuit that alleged students suffered physical and sexual abuse. The class action lawsuit consolidated litigation against schools across Canada, as well as the Canadian federal government. The consolidated lawsuits resulted in a $1.27 billion class action settlement that covered Class Members who were harmed as students at Federal Indian Day Schools in Canada, along with an earlier settlement covering students who were harmed at residential schools.
Reportedly, St. Anne’s located in Fort Albany, Ont., was one of the worst offenders. Students alleged that they were physically and sexually abused. Everything GP reports that school employees used an “electric chair” to shock children.
The allegations regarding St. Anne’s landed back in court over a dispute about documents the plaintiffs claimed the government was failing to disclose. According to the Times Colonist, the documents concerned an investigation by Ontario police into St. Anne’s in the 1990s. The investigation resulted in the criminal conviction of several St. Anne’s employees.
The plaintiffs said that the government withheld a great deal of information from that investigation during the class action settlement process. The plaintiffs reportedly claimed that the government had been subject to two court orders requiring the documents; however, the government has yet to turn them over.
According to The Law Times News, the missing documents will help settlement administrators account for every allegation of child abuse at St. Anne’s and other Indian residential schools.
“Adjudicators were given none of these documents and they were given a report saying there were no documents about sexual abuse at this school whereas the details would make anybody physically sick to realize what the children endured in this institution,” a lawyer representing former St. Anne’s students told reporters.
Canada Argues for Dismissal
The government of Canada maintains that it does not need to produce the documents and, indeed, the entire lawsuit regarding St. Anne’s should be dismissed. Lawyers for the government reportedly argued that a 2006 class action settlement regarding Indian Day Schools across the country should bar the plaintiffs’ claims regarding St. Anne’s.
Ontario Judge Recuses Self, Sends Lawsuit to BC
Complicating matters, the Ontario judge initially set to hear arguments recused himself and sent the claims to a court in British Columbia. The plaintiffs reportedly objected to the move, contending that holding the matter in a B.C. court would make it difficult for them to attend and participate.
The St. Anne’s plaintiffs appealed the judge’s order moving the claims to B.C. court and their arguments were recently vindicated by an Ontario court of appeals.
Federal Indian Residential School Class Action Settlement Still Being Worked Out
Survivors of St. Anne’s abuse say that keeping their claims in Ontario is only one step. The substance of the issues still needs to be resolved.
“It was an admission that an Ontario issue remains in Ontario. But is that a real victory? They give you something small and you’re supposed to be happy with that. And we are dealing with bigger issues in that,” one of the plaintiffs told The Law News Times.
Indeed, the next step will be for the Ontario Superior Court to appoint a new supervising judge.
“It’s been a long haul… The St. Ann’s survivors have tried to properly utilize the Ontario justice system since 1992,” a lawyer representing the plaintiffs told reporters.
Did you or a loved one suffer abuse at a St. Anne’s or other residential schools in Canada? What do you think about the class action lawsuit allegations? Tell us in the comment section below.
The St. Anne’s plaintiffs are represented by Fay Brunning.
The Residential School Class Action Lawsuit is Fontaine v. Canada, Case No. C68407, in the Court of Appeal for Ontario, Canada.
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