CANADA
CNW

ST. JOHN’S, Nov. 25, 2015 /CNW/ – On November, 25, 2015, Justice Robert Stack of the Supreme Court of Newfoundland and Labrador held that Canada has committed an abuse of process against the Plaintiffs and the Province in the ongoing Indian Residential School trial.

In his reasons, Justice Stack found that Canada’s attempt to re-litigate a decision made 2 years ago in the very same proceedings constituted “a collateral attack” on the court’s previous decision.

Justice Stack also found that “It is unconscionable that a party would raise an important legal issue mid-trial that has already been decided against it – with its concurrence – earlier in the same proceeding”.

The Court also took the uncharacteristic step of ordering Canada to pay the legal costs of the Plaintiffs and the Province. Costs are only awarded in class proceedings in Newfoundland and Labrador in cases of egregious conduct.

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