(Black Press Media files)

B.C. woman loses bid to sue for negligence in residential school sex assault

Courts find the bus driver was not negligent in getting off the bus just before the assault

A B.C. woman who was sexually assaulted on a school bus while attending a residential school has lost her request to sue the federal government for damages.

In a judgment released Friday, the B.C.’s Court of Appeal said the woman would not be awarded damages because there was no negligence on the part of the school bus driver.

The woman said the assault took place on a bus parked at the Prince Albert Indian Residential School in Saskatchewan after a hockey game. Court documents do not provide the date of the assault, but the residential school operated from 1951 to 1969.

The woman, who is not named in the records, made her claim thought the Independent Assessment Process, which was established to handle claims of serious physical, sexual or emotional abuse suffered at Indian residential schools. Claims are handled by adjudicators.

She told the court that as soon as the bus stopped on school property, the driver exited the vehicle, and immediately following that she and her female schoolmate were grabbed by the boys sitting beside them.

The woman said she was forced down to the floor and sexually assaulted. She cried out, and an older female classmate went to get the bus driver. The driver returned immediately and the assault stopped.

The woman’s claim centres on three questions: did the assault take place on school grounds? Did an adult employee of the school know, or should have reasonably known, that abuse of the sort was happening at the school? Did the adult employee fail to take “reasonable steps” to prevent the assault?

The adjudicator found the woman was sexually assaulted on school grounds and that adult employees of the residential school knew that that kind of abuse was occurring. However, “reasonable steps” did not mean the bus driver had to constantly supervise the students and that there was “a reasonable level of supervision” at the time.

She appealed the rejection of her claim, but it was upheld once by supervising judge and now by the appeals court.

In her reasons, Justice Barbara Fisher found there was no reason to disagree with the supervising judge, who had acted in “accordance with the appropriate principles” in deferring to the conclusions reached by the assessment process.

ALSO READ: Statue of B.C.’s controversial ‘Hanging Judge’ removed from courthouse

ALSO READ: Second $100M settlement reached in RCMP sexual harassment class action


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Just Posted

North Island Midget Eagles get their feet wet against Alberni Valley Bulldogs

The North Island Midget Eagles travelled down island to face off against the Bulldogs.

Council agrees to purchase emergency generator for Civic Centre

The loan will have to be repaid within five years, with no rights of renewal.

Candidates illuminate different visions of Port Alice’s future

The candidates were asked if they believed the pulp mill could run again.

VIDEO: Terry Fox Run returns to Port Hardy for the first time since 2016

All told, Port Hardy’s Terry Fox Run raised $2,200.30 with more still coming in.

2019 FEDERAL ELECTION: Meet the candidates for the North Island-Powell River riding

In an effort to inform the North Island-Powell River riding constituents, we… Continue reading

Chilliwack woman wins right to medically assisted death after three-year court battle

Julia Lamb has been the lead plaintiff in a legal battle to ease restrictions on Canada’s assisted dying laws

Break out the tiki torches: Open fires allowed again in B.C.’s coastal region

All open fires allowed effective at noon on Sept. 18

Vaping-related illness confirmed in Ontario believed to be first in Canada

Middlesex-London Health Unit had no further details about the case — believed to be the first confirmed in Canada

Canadian stars Virtue, Moir say in video they’re ‘stepping away’ from ice dancing

The pair thank fans for their support in an emotional message

Kamloops high school evacuated after receiving threat

Police have not released any further details into what the threat includes

Woman held at gunpoint during carjacking in UBC parkade

University RCMP say the vehicle is still missing, and two suspects are at large

VIDEO: Angry B.C. cyclist starts shaming dangerous drivers online

‘You motorists deserve all your costs and misery’

‘Time to take action:’ Children advocates call for national youth suicide strategy

Council wants Ottawa to make reporting of suicides and attempted suicides mandatory for data collection

Canadian inflation decelerates to 1.9% as gas prices weaken

August was the sixth straight month that price growth was 1.9 per cent or higher

Most Read