(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

NorthIsle starts drilling in Pemberton Hills area after negotiating deal with Freeport

Mining industry one step closer to a revitalization after farm-out agreement

‘Police are ready’ for legal pot, say Canadian chiefs

But Canadians won’t see major policing changes as pot becomes legal

Port Hardy Fire Rescue’s open house a blazing hit

PHFR Lt. Harding explained that the organization is always looking for more recruits.

Gwa’sala-’Nakwaxda’xw Nation drafts first phase of passive housing project

The housing project will have 96 residential units for low-income families.

North Island Seniors Housing Foundation requests land from Port Hardy Council

“The foundation members will be coming to council with more information at a future date.”

Naked man jumping into Toronto shark tank a ‘premeditated’ stunt: official

The man swam in a tank at Ripley’s Aquarium of Canada

Workers at BC Interior mill strike as negotiations resume in Kelowna

Picket lines went up at 4 a.m Tuesday, Oct. 16 at Tolko Lakeview Division in Williams Lake

Fall-ing for unseasonably warm weather on Vancouver Island

Environment Canada forecast calls for sunshine through weekend

Toronto Police ID B.C. man as naked shark tank jumper

David Weaver, of Nelson, is wanted on mischief and assault charges

In Florida, families seeking the missing amid storm damage

Five days after the hurricane slammed into the Florida Panhandle, people are struggling to locate friends and loved ones.

Prince Harry and Meghan start Aussie tour with baby gifts

Prince Harry and his wife Meghan are on a 16-day tour of Australia and the South Pacific.

EU’s Barnier hopes Brexit deal possible in ‘coming weeks’

Britain is set to leave the European Union in March, but a Brexit agreement must be sealed in coming weeks to leave enough time for relevant parliaments to ratify it.

Earth samples show dust from B.C. pipeline blast not a health threat: Enbridge

Enbridge says earth sampling shows mineral and metal composition is well below provincial and federal standards for urban and residential areas.

Postal services ready for looming wave of legal cannabis deliveries

Legal cannabis is set to usher in a wave of high-value, age-restricted parcels in the mail system, and delivery companies say they’re ready.

Most Read