Supreme Court's significant residential school abuse ruling

[Supreme Court Decision]

Supreme Court of Canada made a significant ruling in residential school abuse compensation case . . .

H.L. characterized the sexual abuse perpetrated by Mr. Starr as the most traumatic event of his life. Experts testified at trial that H.L.’s sexual abuse by Mr. Starr had caused his alcoholism, and the Supreme Court agreed, overturning the finding of the Saskatchewan Court of Appeal.

( This relates to the case dating back to 2001 / H.L., a former resident of Gordon First Nation Reserve, brought an action for sexual battery against William Starr and the Government of Canada for acts that had occurred some twenty years earlier. Starr was employed by Indian Affairs as the Administrator of the Gordon Student Residence. He set up after school activities, including boxing and that's when he took advantage of H.L. who was 14 at the time. )

News and Comment
by Tehaliwaskenhas
Bob Kennedy, Oneida
Copyright
Turtle Island Native Network
http://www.turtleisland.org

April 29, 2005

A residential school survivor identified only as H.L. will receive a larger settlement, including some compensation for loss of earning, because of what happened to him more than thirty years ago at Gordon Indian Residential School in Saskatchewan.

In a landmark ruling the Supreme Court said the effects of the sexual abuse he suffered as a student, did negatively impact the man's earnings and his capacity to earn. Although the exact amount is not yet known, his lawyer Tony Merchant is quoted as saying he believes it will be the highest award to a survivor, to date.

The high court instructed the trial judge to use this judgment that the earnings have been diminished because of the wrongdoing in the residential school, to determine a new figure to award H.L.

This ruling provides new guidelines for judges who hear cases involving survivors of abuse at Indian Residential School whose lives have obviously been negatively impacted.

In the case of H.L., he was sexually abused twice by a school worker, and he quit school when he was 17 and never finished Grade 8. He suffered from alcoholism after the shame from had happened to him drove him to drink. He was involved in criminal activity, was jailed frequently and had to rely on welfare to survive.
http://www.lexum.umontreal.ca/csc-scc/e ... 5.wpd.html


The latest Supreme Court ruling on residential schools claims, also raised serious concerns, according to the Assembly of First Nations.

The AFN issued a news release acknowledging the Supeme Court ruling calls for a fair and healing claims compensation process, but rejects claim for compensation for future loss of earnings due to physical, emotional and cultural harm . . .

Supreme Court of Canada Decision Affirms Detrimental Effects of Residential Schools Abuses

OTTAWA, April 29, 2005

In a 5-4 decision released today, the Supreme Court of Canada affirmed the need for a comprehensive, fair and just process to compensate survivors of the Indian residential schools.

The decision in H.L. v. Canada dealt with the case of a survivor of
residential school sexual abuse who won compensation for damages from his abuser and confirms the vicarious liability of the federal government in this abuse case.

Assembly of First Nations National Chief Phil Fontaine stated that the
findings of the Court, as they relate to residential schools survivors, speak
to the need for a claims compensation process that allows for fairness and
healing for residential schools survivors. The AFN is undertaking a full legal
review of the case and its complexities. In particular, the AFN is concerned
about the Court's refusal to acknowledge compensation for future loss of
earnings due to physical, emotional and cultural harm.

"While we congratulate 'H.L.' for his long overdue victory today, it is
clear that he had little or no choice but to address his claim through the
courts because of inadequate compensation processes. This, in turn, led to a lengthy appeal that has allowed him to be victimized by the system yet again," said National Chief Fontaine.

"The Supreme Court today recognized the very real legacy of the residential schools system by reinstating compensation for loss of income due to the lasting psychological damage of the abuse. In addition to loss of income and addictions such as those faced by 'L.H.', our people have faced losses of language and culture and the perpetuation of unhealthy interpersonal dynamics in our families and communities."

"The abuses suffered in the residential schools are real and it is
imperative that the federal government not only accepts its responsibilities,
but that it works with First Nations survivors to develop a fairer claims
process, like the one outlined in the AFN's Report on Canada's Dispute
Resolutions Plan to Compensate for Abuses in Indian Residential Schools."

The AFN's report, released in November 2004, examined the effectiveness
of the federal government's Alternative Dispute Resolution process for the
resolution of Indian Residential School claims. It recommended a two-pronged approach to improve the current ADR process. The first part involves fair and reasonable compensation, including a lump sum payment that would be awarded to all survivors or their descendants, along with an additional amount for each year spent in the school. Survivors would also be compensated for severe emotional abuse as well as physical and sexual abuse. The second part calls for on-going healing, reconciliation and truth-telling work, including ongoing resources for the Aboriginal Healing Foundation.

"This decision takes into consideration many of the things both First
Nations and the federal government already know about the lasting effects and difficulties faced by residential school survivors in finding fairness and
justice," said the National Chief. "It also makes clear the fact that it is
imperative that the federal government must respond quickly to resolve our issues in a fair, cost-effective and respectful manner. We are ready and willing to work with federal officials on a progressive approach, in order that we may avoid long and arduous processes like the one faced by 'H.L.' in finding compensation and some measure of peace."

The Assembly of First Nations is the national organization representing
First Nations citizens in Canada.


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/For further information: Don Kelly, AFN Communications, Director (613)
241-6789 ext. 320 or cell (613) 292-2787; Ian McLeod, AFN Bilingual
Communications Officer, (613) 241-6789 ext. 336 or cell (613) 859-4335; Nancy Pine, Communications Advisor, Office of the National Chief, (613) 241-6789 ext. 243 or cell (613) 298-6382/