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

Delta character - and former White Rock resident - Pansy May Stuttard inspects a loaded revolver in the cover photo for Jim Dwight and Gary Cullen’s fascinating biography, Lord don’t want me Devil won’t take me. Contributed photo
West Coast’s ‘Pistol-packin’ Pansy’ lives on in colourful biography

Infamous Delta character ended her days in White Rock and South Surrey

A science class at L.A. Matheson Secondary. March 2021. (Photo: Lauren Collins)
Reports of student attendance ‘dwindling’ at Surrey schools: teachers’ association

STA president said he’s heard from staff that students might not attend in-person for 4th quarter

Vancouver resident Beryl Pye was witness to a “concerning,” spontaneous dance party that spread throughout social groups at Kitsilano Beach on April 16. (Screen grab/Beryl Pye)
VIDEO: Dance party erupts at Vancouver’s Kitsilano Beach to the dismay of onlookers

‘It was a complete disregard for current COVID-19 public health orders,’ says Vancouver resident Beryl Pye

Deputy Prime Minister and Minister of Finance Chrystia Freeland responds to a question during Question Period in the House of Commons Tuesday December 8, 2020 in Ottawa. The stage is set for arguably the most important federal budget in recent memory, as the Liberal government prepares to unveil its plan for Canada’s post-pandemic recovery even as a third wave of COVID-19 rages across the country. THE CANADIAN PRESS/Adrian Wyld
Election reticence expected to temper political battle over federal budget

Opposition parties have laid out their own demands in the weeks leading up to the budget

Chilliwack Search and Rescue volunteers say that a call on April 17 on Vedder Mountain was affected by bikers who rode through the rescue site, throwing rocks onto members and the patient. (Chilliwack Search and Rescue image)
Chilliwack Search and Rescue team, and patient, sprayed with rocks and dirt during rescue

Volunteer crew speaks out after riders on Vedder Mountain show no courtesy at accident scene

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

File photo. THE CANADIAN PRESS/Graeme Roy
One man dead after shooting in Downtown Vancouver

This is Vancouver’s fifth homicide of the year

A syringe is loaded with COVID-19 vaccine at a vaccination clinic run by Vancouver Coastal Health, in Richmond, B.C., Saturday, April 10, 2021. THE CANADIAN PRESS/Jonathan Hayward
B.C. to open up COVID vaccine registration to all B.C. residents 18+ in April

Registration does not equate to being able to book an appointment

(Black Press file photo).
UPDATED: Multiple stabbings at Vancouver Island bush party

Three youths hospitalized after an assault in Comox

Selina Robinson is shown in Coquitlam, B.C., on Friday November 17, 2017. British Columbia’s finance minister says her professional training as a family therapist helped her develop the New Democrat government’s first budget during the COVID-19 pandemic, which she will table Tuesday. THE CANADIAN PRESS/Darryl Dyck
B.C. finance minister to table historic pandemic-challenged deficit budget

Budget aims to take care of people during pandemic while preparing for post-COVID-19 recovery, Robinson said

Most Read