Court Dismisses Two Claims Launched by St. Anne’s Residential School Survivors

By Tanya Talaga
Toronto Star
April 25, 2017

https://www.thestar.com/news/canada/2017/04/25/court-dismisses-two-claims-launched-by-st-annes-residential-school-survivors.html

Edmund Metatawabin, a survivor of the St. Anne's residential school, has spent years pressing for an investigation. A judge has denied the claim. (JESSE WINTER / TORONTO STAR) | ORDER THIS PHOTO

An Ontario Court has dismissed two claims by St. Anne’s Indian Residential School survivors, saying no judicial probe is needed into the actions of the Canadian government because it did not hide 12,000 documents detailing abuse suffered while at the notorious school.

Survivors of the James Bay residential school have spent years trying to convince authorities that an investigation was needed regarding the access to 12,000 documents that were part of a lengthy criminal probe concerning abuse at the school. Five former church employees were convicted.

Ontario Superior Justice Paul Perell dismissed the claim concerning the 12,000 documents, known as the Cochrane documents, which are transcripts of confidential and privileged examinations for discovery of the testimony of nearly 1,000 St. Anne’s survivors who suffered sexual, physical and emotional abuse while at the school. Perell said Canada has provided a “transparent explanation for why the balance of the Cochrane documents have not been produced. The documents are confidential and privileged,” he wrote in his April 24, 2017 ruling.

The second dismissed claim is from the St. Anne’s survivors — Edmund Metatawabin and the Peetabeck Keway Keykaywin Association (St. Anne’s Survivors Association), and K-10106, a female claimant. They requested a judicial investigation and an order extending the independent assessment process (IAP) deadline for former students of St. Anne’s school who did not file an IAP claim, and, an order reopening IAP claims. This was all denied. The IAP is

From the early 1900s to 1976, children from remote northern First Nations including Weenusk, Attawapiskat, Fort Albany and Moose Factory were forcibly removed from their homes and taken to St. Anne’s Indian Residential School, which was operated by the Catholic Church and funded by the government of Canada as part of a nationwide effort to try to assimilate indigenous children to Canadian culture. For more than a century, 150,000 indigenous children were taken away from their parents and sent to residential schools.

Former St. Anne’s students Metatawabin and his brother Mike frequently travelled to Toronto from their James Bay homes along with dozens of other survivors to be part of the court case. Alvin Fiddler, Grand Chief of Nishnawbe Aski Nation, a political organization representing 49 northern Ontario First Nations, also attended court frequently.

“I am obviously very disappointed by the decision. I feel for Ed and the other survivors from St. Anne’s,” said Fiddler, who also worked for the national Truth and Reconciliation Commission.

“We will carefully review the decision and consider next steps. We cannot stop here. Their fight for justice is too important,” Fiddler said.

Perell wrote there is “no mystery” about whether the delayed production of the Cochrane documents had an adverse effect on independent assessment claims because as of April, 2017, there have been 38,096 claims nationally, of which 504 claims are from students at St. Anne’s.

Perell noted payments nationally to claimants excluding legal fees and disbursements total $2.6 billion, with 19 claims of former St. Anne’s students still in progress, payments to former St. Anne’s students through the IAP total $31.9 million, net 15 per cent for legal fees. Perell added the success rate for former St. Anne’s students in making claims was 95.2 per cent which compares to an 89.2 per cent success rate in the IAP nationally.

Michael Swinwood, who along with lawyer Fay Brunning have acted for Ed Metatawabin and the claimants pro bono, said Perell ruled Canada has not breached the Indian Residential Schools Settlement Agreement.

Swinwood said the survivors now must decide if they are going to appeal.

“I wish I could say exactly what we are going to do. I don’t know. It is a fulsome decision,” he said.

“You have to take into account Justice Perell is a damn good judge. Despite the fact we don’t like the results, we have our work cut out for us on what we are going to do. These people have legitimate claims,” he said.

Swinwood added he finds it curious that the decision cited stats that say 92 per cent of St. Anne’s claimants have been compensated. “So what? Does that mean the 7.5 per cent of the rest have their rights denied? Do we know what that stat is?” he said.

Earlier this month, the justice department in Ottawa sent NDP MP Charlie Angus part of a release of 70,000 pages of emails, speaking notes and memos related to the residential school as part of an ongoing access to information request. Of the 1,200 pages Angus received, only a few documents were not blacked out.