CANADA
APTN
September 8, 2016
Jorge Barrera
APTN National News
The federal government says an Ontario judge’s ruling which eviscerated the handling of a residential school rape case threatens the multi-billion dollar Indian residential school settlement agreement, according to court documents filed Wednesday.
Ontario Superior court Justice Paul Perell ordered Ottawa this past July to enter into compensation negotiations with a man who was raped as a boy by a priest at the Spanish Boys Indian residential school which was located near Spanish, Ont. Perell ruled the officials tasked with determining the legitimacy of claims and compensation levels under the settlement agreement’s Independent Assessment Process (IAP) botched the case.
Ottawa appealed the decision and in a document filed Wednesday argued Perell’s ruling overreached in its decision to accept the claim and oversee the setting of the compensation level instead of sending it back to the IAP for a rehearing.
“At issue are the finality and integrity of the IAP and IRSSA (Indian residential school settlement agreement),” said Ottawa’s appeal factum, which was filed with the Ontario Court of Appeal by Catherine Coughlan on behalf of the deputy Attorney General of Canada William Pentney.
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