Close X
Thursday, November 28, 2024
ADVT 
National

Supreme Court Upholds Residential-School Compensation For Former Student

Darpan News Desk The Canadian Press, 12 Apr, 2019 08:38 PM

    OTTAWA — A former residential-school student is entitled to compensation for abuse at the hands of a nun, the Supreme Court of Canada says in a decision that helps clarify the scope of appeals in such cases.


    The decision came Friday in the case of an Indigenous man, known only as J.W. due to privacy considerations, who said he was assaulted at a residential school in Manitoba.


    For over a century, tens of thousands of Indigenous children were required to attend residential schools, primarily run by religious institutions and funded by the federal government.


    Students were not allowed to use their languages or cultural practices.


    Former pupils provided accounts of physical, sexual and emotional abuse as part of an independent assessment process to determine how they would be compensated for what they went through, a program that flowed from a major 2006 settlement agreement aimed at ensuring a lasting resolution of the residential schools legacy.


    J.W.'s claim was rejected by an adjudicator on the grounds that he had failed to show the nun's alleged act — grabbing his penis while he was lightly clothed, waiting in line for a shower — had a sexual purpose.


    His efforts to have the decision overturned by other adjudicators failed, but a Manitoba judge found fault with the internal decisions and sent the case back to the initial adjudication phase. A reconsideration adjudicator decided in J.W.'s favour in September 2016, awarding him $12,720.


    Meanwhile, however, the federal government successfully challenged the judge's ruling in the Manitoba Court of Appeal, which said that, under the terms of the assessment process, judges can't carry out detailed reviews of adjudication decisions.


    In its decision Friday, the Supreme Court said the courts can intervene if there is a failure to apply the terms of the settlement agreement.


    However, in looking at the specific facts of J.W.'s case, only five of seven judges agreed that his appeal should succeed and that he could be compensated. Of the five, the judges split along two lines of reasoning.


    In writing for three members of the court, Justice Rosalie Abella said while claimants in the assessment process do not have a "broad right" to judicial intervention, "they do have a right to the implementation of the terms of the settlement they bargained for."


    "The courts' supervisory power must permit intervention when it is necessary to ensure the benefits promised are delivered."


    Abella lauded the 2006 settlement agreement as a respectful part of the healing process following a profoundly shameful era in Canada's history.


    The legacy of abuse committed at residential schools consists of "deep wounds not only to those who were forced to attend, but also to our national psyche," she wrote. "The recovery process, when it is possible, is slow and painful."

    MORE National ARTICLES

    Scheer Urges PM To Follow Through On Libel Threat Over SNC, Testify In Court

    The Conservative leader revealed Sunday that he received a letter on March 31 from Trudeau's lawyer, Julian Porter, threatening a libel suit.

    Scheer Urges PM To Follow Through On Libel Threat Over SNC, Testify In Court

    Manitoba Man Fighting In Court To Be Allowed Star Trek Licence Plate

    WINNIPEG — The lawyer for a "Star Trek" fan who wasn't allowed to keep his personalized ASIMIL8 licence plate says his client's charter right to freedom of expression was violated.    

    Manitoba Man Fighting In Court To Be Allowed Star Trek Licence Plate

    Notley Says Federal Approval For Trans Mountain Pipeline To Come By The End Of May

    EDMONTON — Alberta NDP Leader Rachel Notley says she expects Ottawa to approve the Trans Mountain pipeline to the west coast by the end of May.    

    Notley Says Federal Approval For Trans Mountain Pipeline To Come By The End Of May

    WATCH: Astronaut David Saint-Jacques Joins Select Group, Just Fourth Canadian To Perform Spacewalk

    Saint-Jacques, 49, joined an exclusive group of Canadian astronauts Monday, becoming just the fourth from this country to take part in such a mission and the first Canadian in 12 years.

    WATCH: Astronaut David Saint-Jacques Joins Select Group, Just Fourth Canadian To Perform Spacewalk

    Neurosurgeon Mohammed Shamji Pleads Guilty To Second-Degree Murder In Wife Elana Fric-Shamji's Death

    Mohammed Shamji's plea came days before he was to stand trial for first-degree murder in the death of Elana Fric-Shamji — his wife of 12 years.

    Neurosurgeon Mohammed Shamji Pleads Guilty To Second-Degree Murder In Wife Elana Fric-Shamji's Death

    'Amazing They Could Do That:' Baby Who Got Organ Donation Now Healthy 6-Year-Old

    EDMONTON — Hailey Hague only has to look at her healthy, energetic six-year-old to know the importance of organ donation.    

    'Amazing They Could Do That:' Baby Who Got Organ Donation Now Healthy 6-Year-Old