Canada seeks to dismiss St. Anne’s residential school survivors’ fight for accountability
Federal lawyers are currently seeking the dismissal of a group of survivors’ efforts to hold Canada accountable for withholding evidence of widespread abuse at St. Anne’s Indian Residential School during class-action compensation hearings. This ongoing legal battle, which has spanned over a decade, is unfolding in Ontario Superior Court in Toronto where former students of the notorious Catholic-run school in Fort Albany are challenging the government’s stance.
Led by former Fort Albany First Nation chief Edmund Metatawabin, the group is facing technical arguments from the government but remains steadfast in their pursuit of truth. Metatawabin emphasized the importance of uncovering the truth, stating, “All they’re interested in is that truth. We don’t really want anybody to suffer, but we don’t want things to be whitewashed, too.”
The case revolves around the implementation of the Indian Residential School Settlement Agreement from 2006, which aimed to provide former students with compensation and an independent assessment process to address claims of abuse. However, it was later revealed that Canada had withheld crucial evidence related to abuse at St. Anne’s. Despite reporting no documents on sexual abuse at the school between 2006 and 2014, the Department of Justice possessed over 12,000 relevant records detailing horrific incidents of assault, rape, and other forms of abuse.
The Assembly of First Nations has voiced its support for the survivors in their quest for justice, condemning Canada’s attempts to dismiss the case on technical grounds. National Chief Cindy Woodhouse Nepinak urged the government to reconsider its approach and allow the case to proceed based on its merits rather than technicalities.
The survivors are seeking to reopen their claims and hold Canada accountable for failing to disclose crucial evidence that may have impacted the outcome of their cases. Despite Canada’s efforts to strike down the request on procedural grounds, Metatawabin remains resolute in his pursuit of justice, stating, “We’re used to it. We’re used to not being listened to.”
The legal battle has been a costly one for Canada, with over $3.2 million spent on the case from 2013 to 2020. As the Liberal government acknowledged the broken trust in 2021 and requested a review of compensation claims related to St. Anne’s, retired judge Ian Pitfield found that the non-disclosure of evidence may have affected 11 claims. While Canada acknowledges the dark history of residential schools and the serious abuse that occurred at St. Anne’s, it argues that striking down Metatawabin’s request now would not result in an injustice.
The hearing is ongoing, with Canada set to respond to the survivors’ claims this week. Despite facing challenges, the survivors remain determined to seek justice and hold Canada accountable for its actions during the painful chapter in the country’s history.
