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

Just Posted

B.C. Centre for Disease Control data showing new cases by local health area for the week of May 2-8. (BCCDC image)
Vancouver Island COVID-19 local case counts the lowest they’ve been all year

On some areas of Island, more than 60 per cent of adults have received a vaccine dose

A nurse gets a swab ready to perform a test on a patient at a drive-in COVID-19 clinic in Montreal, on Wednesday, October 21, 2020. THE CANADIAN PRESS/Paul Chiasson
Island’s daily COVID-19 case count drops below 10 for just the second time in 2021

Province reports 8 new COVID-19 cases on Vancouver Island Wednesday

Photo by Marc Kitteringham, Campbell River Mirror
Campbell River dock fire spread slowed thanks to security guard

Creosote docks pose challenges for fire fighters

Scenes like this one in the dugout are all too frequent for parents and kids arriving to play baseball at Nunns Creek Park these days, spurring a request to the city to let them move to the Sportsplex in Willow Point. Photo from CRMB presentation to City of Campbell River
Safety concerns run Campbell River Minor Baseball out of Nunns Creek Park

Parents say ‘needle and feces sweeps’ have become part of everyday life for the baseball community

The cover of the newly redesigned Beaver Lodge Forest Lands activity guide. Photo courtesy Greenways Land Trust
Greenways redesigns Beaver Lodge activity guide

Guide has helped teach students for over a decade

Prince Rupert was one of the first B.C. communities targeted for mass vaccination after a steep rise in infections. Grey area marks community-wide vaccine distribution. (B.C. Centre for Disease Control)
B.C. tracks big drop in COVID-19 infections after vaccination

Prince Rupert, Indigenous communities show improvement

Dr. Aref Tabarsi, a general pathologist at the North Island Hospital Campbell River Hospital Medical Laboratory, spoke about the issue of service in the region at a meeting in February 2020. Black Press file photo
Comox Strathcona hospital board wants pathology service back

Board supports move for chair, vice-chair to engage with Island Health on issue

Municipal governments around B.C. have emergency authority to conduct meetings online, use mail voting and spend reserve funds on operation expenses. (Penticton Western News)
Online council meetings, mail-in voting option to be extended in B.C.

Proposed law makes municipal COVID-19 exceptions permanent

A nurse prepares a dose of the COVID-19 vaccine in Kelowna on Tuesday, March 16. (Phil McLachlan/Black Press)
British Columbians aged 20+ can book for vaccine Saturday, those 18+ on Sunday

‘We are also actively working to to incorporate the ages 12 to 17 into our immunization program’

The AstraZeneca-Oxford University vaccine. (AP/Eranga Jayawardena)
2nd person in B.C. diagnosed with rare blood clotting after AstraZeneca vaccine

The man, in his 40s, is currently receiving care at a hospital in the Fraser Health region

Canada’s demo Hornet soars over the Strait of Georgia near Comox. The F-18 demo team is returning to the Valley for their annual spring training. Photo by Sgt. Robert Bottrill/DND
F-18 flight demo team returning to Vancouver Island for spring training

The team will be in the Comox Valley area from May 16 to 24

Saanich police and a coroner investigated a fatal crash in the 5200-block of West Saanich Road on Feb. 4, 2021. (Devon Bidal/News Staff)
Police determine speed, impairment not factors in fatal Greater Victoria crash

Driver who died veered across centre line into oncoming traffic for unknown reason, police say

Ladysmith RCMP safely escorted the black bear to the woods near Ladysmith Cemetary. (Town of Ladysmith/Facebook photo)
Bow-legged bear returns to Ladysmith, has an appointment with the vet

Brown Drive Park closed as conservation officers search for her after she returned from relocation

Brian Peach rescues ducklings from a storm drain in Smithers May 12. (Lauren L’Orsa video screen shot)
VIDEO: Smithers neighbours rescue ducklings from storm drain

Momma and babies made it safely back to the creek that runs behind Turner Way

Most Read