A gavel sits on a desk in Ottawa, Wednesday February 13, 2019. An Ontario judge was wrong to order a legal fight involving victims of one of the country’s most notorious residential schools and the federal government be heard in British Columbia, a higher court has ruled. THE CANADIAN PRESS/Adrian Wyld

A gavel sits on a desk in Ottawa, Wednesday February 13, 2019. An Ontario judge was wrong to order a legal fight involving victims of one of the country’s most notorious residential schools and the federal government be heard in British Columbia, a higher court has ruled. THE CANADIAN PRESS/Adrian Wyld

St. Anne’s residential school document fight to stay in Ontario, Appeal Court rules

Among residential schools in Canada, St. Anne’s in Fort Albany, Ont., was particularly toxic

An Ontario judge was wrong to order a legal fight involving victims of one of the country’s most notorious residential schools and the federal government be heard in British Columbia, a higher court has ruled.

In its decision this week, the Ontario Court of Appeal said the case pressed by survivors of St. Anne’s should remain in the province.

In coming to its decision, the Appeal Court cited access-to-justice considerations, saying they were particularly pressing given the trauma inflicted on Indigenous peoples in the residential school system.

“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,” the Appeal Court said.

Ontario Superior Court Justice Paul Perell, who has spent years supervising implementation of the Indian Residential School Settlement as the eastern administrative judge, ruled in June the case should be heard by a supervising judge in B.C. Perell had recused himself over his previous criticism of one of the plaintiffs’ lawyers.

Among residential schools in Canada, St. Anne’s in Fort Albany, Ont., was particularly toxic. Students suffered horrific sexual and physical abuse, including being shocked on an “electric chair” to amuse supervisors and forced to eat their own vomit.

Ontario Provincial Police investigated St. Anne’s between 1992 and 1996, during which they collected a trove of information. Six of seven former employees charged criminally were convicted.

The current case, launched in 2013, turns on a group of 60 plaintiffs’ claim that the federal government failed to turn over those documents — despite court orders to do so — before they applied under the class-action settlement for compensation. They maintain the government is still in breach of those orders and wanted Perell to back them.

The Ontario government, siding with the plaintiffs, argued Perell had overstepped his authority by ordering the B.C. move. The federal government argued the justice was entitled to make the ruling.

Montreal-based lawyer David Schulze, who acted as independent counsel in the appeal, slammed the government’s endless fighting with the claimants as a travesty.

“It should shock most Canadians,” Schulze said on Thursday. “It’s always the most complicated, convoluted interpretation that Canada can come up with that mysteriously always ends up leaving the victims of physical and sexual abuse as children in federal schools without a remedy.”

The Appeal Court sided squarely with the plaintiffs. Among other things, it said, Perell misinterpreted the protocol for sorting out disputes that was part of the residential school class action settlement.

Perell had maintained that sending the case to B.C. would allow a judge experienced in the class action to handle the case. It would be unfair and a waste time having an Ontario judge unfamiliar with the proceedings thrown into the legal fight, he said.

Perell also maintained the move would have little practical impact on the plaintiffs because the hearings would be done remotely given the COVID-19 pandemic. The higher court called that irrelevant.

“It could not have been in the contemplation of the parties that a global pandemic such as COVID-19 would prevent class members from safely attending hearings in person,” it said.

The higher court said it would now be up the chief justice of Ontario’s Superior Court to assign a new judge.

New Democrat MP Charlie Angus called on Crown-Indigenous Relations Minister Carolyn Bennett to do the “right thing” for St. Anne’s survivors and negotiate a fair solution.

Bennett did not immediately respond to a request for comment.

Colin Perkel, The Canadian Press

Like us on Facebook and follow us on Twitter.

Want to support local journalism? Make a donation here.

Indigenousresidential schools

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Simpcw First Nation report two hunters have not returned from a Saturday hunting trip.  (L-r) Will Smith and Paul Celesta (who is a diabetic) have been missing since yesterday evening.  Search parties and a helicopter are currently out trying to locate the pair.  (SFN photos)
UPDATE: HUNTERS HAVE BEEN FOUND! Simpcw report two hunters missing – search underway

UPDATE: HUNTERS HAVE BEEN FOUND SAFE! “It is with great happiness we… Continue reading

(Black Press file)
Interior Health reports 31 new COVID-19 cases

In the region, health authority reports 235 total active cases

The Canadian Anti-Fraud Centre estimates that less than five per cent of mass-marketing fraud is ever reported.
Don’t let scammers prey on your vulnerability

The global pandemic has made everyone anxious and that can open the door for scammers.

The semi was nestled in the ditch after the driver lost control and slid off of Highway 5. (Photo courtesy of Blackpool Fire Department)
Semi in hwy 5 rollover was hauling medical marijuana

The trailer had to be secured until the unknown price tag of goods could be lifted out of the ditch

Piet Oud performs a twist as the goes over a ski jump during a Family Fun Day at Clearwater ski hill on Sunday, March 25., 2018. (File photo)
Clearwater ski hill feeling optimistic about season

The winter months are upon on us, meaning snowy days, hot cocoa… Continue reading

Kyle Charles poses for a photo in Edmonton on Friday, Nov. 20, 2020. Marvel Entertainment, the biggest comic book publisher in the world, hired the 34-year-old First Nations illustrator as one of the artists involved in Marvel Voice: Indigenous Voices #1 in August. THE CANADIAN PRESS/Jason Franson
VIDEO: Indigenous illustrator of new Marvel comic hopes Aboriginal women feel inspired

Kyle Charles says Indigenous women around the world have reached out

B.C. Liberal MLA Shirley Bond questions NDP government ministers in the B.C. legislature, Feb. 19, 2020. (Hansard TV)
Cabinet veteran Shirley Bond chosen interim leader of B.C. Liberals

28-member opposition prepares for December legislature session

Motorists wait to enter a Fraser Health COVID-19 testing facility, in Surrey, B.C., on Monday, November 9, 2020. THE CANADIAN PRESS/Darryl Dyck
COVID-19: What do rising positivity rates mean for B.C.? It’s not entirely clear

Coronavirus cases are on the rise but the province has not unveiled clear thresholds for further measures

A rider carves a path on Yanks Peak Saturday, Nov. 21. Two men from Prince George went missing on the mountain the next day. One of them, Colin Jalbert, made it back after digging out his sled from four feet under the snow. The other, Mike Harbak, is still missing. Local search and rescue teams went out looking Monday, Nov. 23. (Sam Fait Photo)
‘I could still be the one out there’: Snowmobiler rescued, 1 missing on northern B.C. mountain

As Quesnel search and rescue teams search for the remaining rider, Colin Jalbert is resting at home

More than 70 anglers participated in the bar-fishing demonstration fishery on Sept. 9, 2020 on the Fraser River near Chilliwack. DFO officers ticketed six people and seized four rods. A court date is set for Dec. 1, 2020. (Jennifer Feinberg/ Chilliwack Progress file)
Anglers ticketed in Fraser River demonstration fishery heading to court

Sportfishing groups started a GoFundMe with almost $20K so far for legal defence of six anglers

Join Black Press Media and Do Some Good
Join Black Press Media and Do Some Good

Pay it Forward program supports local businesses in their community giving

Care home staff are diligent about wearing personal protective equipment when they are in contact with residents, but less so when they interact with other staff members, B.C. Seniors Advocate says. THE CANADIAN PRESS/Chris Young
More COVID-19 testing needed for senior home staff, B.C.’s advocate says

Employees mingling spotted as virus conductor in many workplaces

This 2019 photo provided by The ALS Association shows Pat Quinn. Quinn, a co-founder of the viral ice bucket challenge, died Sunday, Nov. 22, 2020, at the age of 37. (Scott Kauffman/The ALS Association via AP)
Co-founder of viral ALS Ice Bucket Challenge dies at 37

Pat Quinn was diagnosed with Lou Gehrig’s disease, also known as amyotrophic lateral sclerosis, in 2013

Minister of Justice and Attorney General of Canada David Lametti speaks with the media following party caucus in Ottawa, Tuesday, January 28, 2020. THE CANADIAN PRESS/Adrian Wyld
Exclusion of mental health as grounds for assisted death is likely temporary: Lametti

Senators also suggested the exclusion renders the bill unconstitutional

Most Read