Former Training School Students’ Lawyers Want To Skip Class Action Lawsuit Trial

A certified class action lawsuit alleging Newfoundland Training School students were abused should proceed without a trial, according to lawyers representing the plaintiffs.

The students at the Training Schools, residential facilities for boys and girls, allegedly suffered severe abuse in the 1970s and 1980s. Survivors filed a class action lawsuit against the government of Newfoundland and Labrador claiming that government officials ignored reports of the abuse, allowing it to continue for decades.

According to CBC News, the Training Schools class action lawsuit has since been certified and more than 70 people have come forward as Class Members. Lawyers representing the plaintiffs say that government representatives have resorted to denial tactics, delaying justice for survivors of the alleged abuse. They want a judge to proceed with the case without a trial.

Former Training School Students are Dying

Lawyers told CBC News that three Class Members have passed away since the class action lawsuit was filed in 2017. The complaint alleges decades of abuse enabled by provincial neglect of children housed in Newfoundland Training Schools and lawyers say that the neglect is clear; a long trial is not needed to establish their plaintiffs’ claims.

However, the government of Newfoundland and Labrador has reportedly filed a statement of defence in which it denied liability. Lawyers say that this delays compensation for Class Members in the case that was certified by the court over a year ago.

“The delays in getting this brought on are really very tragic,” a lawyer representing the Class Members told CBC News.

She noted to reporters that changes in leadership may help move things along now.

“We know that there has been a change in leadership at the highest levels in our province and we are really hopeful that change in leadership will see a change in the litigation strategy in this case, which to date has been delay and denial,” a lawyer representing the plaintiffs told CBC News. “They have a responsibility, yes, to spend the people’s money wisely but they also have a responsibility to do the right thing.”

Class Action Lawsuit Details Horrific Abuse

According to CBC News, the Training Schools were created by the Department of Child Welfare in Newfoundland and Labrador to house children who were neglected and those declared delinquent in 1949. In 1984, the schools became custodial facilities under a new law, the Young Offenders Act, where children were sentenced.

The class action lawsuit alleged that Training School students ensured decades of physical, sexual and emotional abuse.

“They were literally treated like animals,” a lawyer representing the plaintiffs told CBC News, pointing out that, in the 1950s, students were allegedly sent to a veterinarian for medical care and the vet was later convicted of abusing the children.

Former residents say that they were subject to severe physical punishments and sexual abuse.

“During a visit to the Boys’ Training School at Whitbourne in 1983, I observed blood on the walls, beds and floors,” a former director of youth corrections stated in her affidavit.

“I was not surprised by these allegations of abuse of children in the training schools. Indeed, I was expecting them,” the former director also said. “The provincial training school system was fundamentally flawed and could not appropriately care for children.”

Abuse Reports Ignored, Information Withheld 

The former Training School students’ class action lawsuit alleges that reports of physical and sexual abuse were ignored by government officials. A statement from the lawyers representing the plaintiff points out that the abuse of children at one Newfoundland Training School was reported in 1955 in a magisterial inquiry, but officials failed to act.

Further reports were allegedly made to the government in 1972 when a former guard was convicted of abuse, and in 1988; however, officials continued the status quo ignoring information.

“It’s really hard to comprehend how people who were given the responsibility of protecting children could have been so willfully blind and dismissive of complaints of horrendous abuse,” a lawyer representing the plaintiff said according to CBC News.

A former director of youth corrections allegedly noted “grave concerns” about the Training Schools in 1983 and filed a statement supporting the class action lawsuit claims.

“Critical information about child sexual abuse in the training schools was withheld from me,” the former director stated in her affidavit supporting the lawsuit.

The Training School abuse class action lawsuit joins similar complaints brought against the government of Canada over the treatment of Aboriginal students at Indian Day Schools. Claims are now being accepted in the $1.27 billion class action settlement over allegations of harm suffered by former Indian Day School students.

Survivors of abuse say that they have suffered physical, mental, and emotional abuse since their experiences. The Training School abuse class action lawsuit is seeking tens of millions of dollars in damages on behalf of former students.

Are you a Class Member in the Training School abuse class action lawsuit? What do you think should happen? Tell us in the comment section below. 

Read More Lawsuit & Settlement News:

• Aviva Insurance Issues Blanket Denials of Coverage, Class Action Lawsuit Claims
• Long Term Disability Lawyer | Insurance Claim Denial Help
• Pandemic Business Interruption Insurance Canada Potential Lawsuit
• Arch Insurance Class Action Lawsuit Seeks Refunds For Cancelled Trips