July 23, 1999
Vancouver, BC

A National Crime---Residential Schools Abuse
Government and Churches Accused of Deliberate Delays

by Tehaliwaskénhas-Bob Kennedy

By now you would have read the mainstream media reports that suggest mainstream churches are crying the financial blues over their involvement in litigation related to abuse against Natives in residential schools. They express concern the churches are going to be bankrupted if they have to pay the anticipated compensation to the Indian victims of the abuse.

A key lawyer representing survivors of abuse in the historic Port Alberni, British Columbia case says, "Do not believe the media reports." Peter Grant says he can see clearly what's really going on---it's a deliberate strategy, "...by the most powerful institutions in Canada, the federal government and the churches."

In a presentation to the gathering of the Assembly of First Nations (AFN) in Vancouver, Grant accused government lawyers of using deliberate delay tactics in their attempts to demoralize the individuals. It's a strategy says Grant that uses procedural wrangling to drag out the court cases. "The latest trick is they want clients to disclose details of whether mothers, fathers, sisters, or brothers were ever abused", steams Grant.

The Vancouver lawyer, who also works on cases in Saskatchewan, called on First Nation leaders to support the individuals in their fight against the government and churches.

Delia Opekokew agrees! "The court process is time consuming, costly, and the Government of Canada and the churches are taking a hard line adversarial approach which is destructive to the survivors and their communities."

Opekokew, who once ran for the top job with the AFN, is one of the lawyers for the Keeseekoose First Nation of Saskatchewan in its action against Canada and three churches. The chief and councillors are suing on behalf of themselves and on behalf of all past and present members.

The case involves all the damages caused by the residential schools explains Opekokew, herself a victim of the trauma during and after attending two residential schools, " ...damage to the way of life, loss of language, loss of identity as a community leading to dysfunction of the community, alienation from traditional beliefs, customs and laws, and loss of respect of traditional leaders."

Opekokew, a member of the Canoe Lake Cree Nation further explains the unique nature of this litigation, "The case does not allege physical and sexual abuse, thus individuals can pursue their own individual or family actions."

But what really angers Opekokew is a recent strategy by Canada to include the First Nation as a party to the legal action by a residential school survivor. "The survivor will be suing their own First Nation", said Opekokew who called on aboriginal leaders to condemn Canada's action.

One of the nastier multi-generational results of the residential schools is the loss of aboriginal languages. Indian children were forbidden to speak their language, and if they did, were condemned to verbal and physical abuse. Delegates to the AFN Assembly called for the issue of loss of languages to be kept separate from the $350 million healing fund. The AFN is working on an alternative dispute resolution process to help resolve some of these issues outside of the usual court system.

This story was written in honour of Darryl Watts. The young man took his own life after testifying during his lengthy court case. He could endure his personal pain no more. Watts was one of the victims of what Peter Grant refers to as,"A national crime that went on for eighty years."