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

File
TNRD to test emergency alert app

The Voyent Alert! emergency notification will be sent April 23.

Interior Health nurses administer Pfizer-BioNTech COVID-19 vaccines to seniors and care aids in Kelowna on Tuesday, March 16. (Phil McLachlan/Kelowna Capital News)
69 new cases of COVID-19 in Interior Health

The total number of cases in the region is now at 9,840 since the pandemic began

Kelowna General Hospital (File photo)
Interior Health hospitals not strained by rising COVID case counts

While provincial hospitalizations rise, health care systems in the B.C. Interior remain robust, say officials

An Interior Health nurse administers Pfizer-BioNTech COVID-19 vaccines to seniors and care aids in Kelowna on Tuesday, March 16, 2021. (Phil McLachlan/Kelowna Capital News)
105 new COVID-19 cases in Interior Health

Just over 8,000 new vaccine doses administered in the region for a total of 158,000 to date

Clearwater sunrise (Kelly Ludbrook photo)
The Student Journal: Painting Sunrise

The Student Journal is a new section that showcases the work of the local high schoolers.

Rainbow trouts thrashing with life as they’re about to be transferred to the largest lake of their lives, even though it’s pretty small. These rainbows have a blue tinge because they matched the blue of their hatchery pen, but soon they’ll take on the green-browns of their new home at Lookout Lake. (Zoe Ducklow/News Staff)
VIDEO: B.C. lake stocked with hatchery trout to delight of a seniors fishing club

The Cherish Trout Scouts made plans to come back fishing soon

Since April 4, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived. (Phil McLachlan/Capital News)
Vancouver the largest source of domestic flights with COVID-19 cases: data

This month alone, 38 flights with COVID-19 cases have departed from Vancouver International Airport, while 23 arrived

John Furlong, Own The Podium board chairman and former CEO of the Vancouver Olympics, addresses a Vancouver Board of Trade luncheon in Vancouver, B.C., on Wednesday November 25, 2015.THE CANADIAN PRESS/Darryl Dyck
John Furlong presents 2030 Winter Games vision to Vancouver Board of Trade

Vancouver and Whistler would remain among host sites because of 2010 sport venues still operational

Photo by Metro Creative Connection
New campgrounds coming to B.C. parks as part of $82M provincial boost

This season alone, 185 campsites are being added to provincial parks, says Minister of Environment and Climate Change

Paper Excellence took over Catalyst Paper operations in B.C. in 2018. (Paper Excellence photo)
The plane blasted through an airport fence and down a hill, before stopping before a cement barrier on Highway 5A, right in front of a school bus. Photo submitted.
Student pilot crashes plane onto Highway 5A almost hitting school bus

Aircraft hit pavement right in front of school bus

Eight-year-old Piper and her family were raising money to help Guinevere, the bearded dragon, get a gynecological surgery. Sadly, the reptile didn’t survive the procedure. (Jackee Sullivan/Special to Langley Advance Times)
Lizard fails to survive surgery, GoFundMe dollars help Langley family offset medical bills

Guinevere, a pet bearded dragon, underwent an ovariectomy on Tuesday

A driver stopped by Saanich police following a road rage incident on April 15 was found to be impaired, in violation of a license restriction and in a damaged vehicle. They received a 90-day driving prohibition and a 30-day vehicle impound. (Saanich Police Traffic Safety Unit/Twitter)
Road rager fails breathalyzer on busy B.C. highway in vehicle he shouldn’t be driving

Saanich police say man was operating vehicle without required ignition lock

Most Read