B.C. or Ontario? Residential school survivors fight move of court battle

CANADA
The Canadian Press

September 20, 2020

By Colin Perkel

Underlying fight relates to request by former St. Anne’s survivors to have cases reopened

A bitterly fought legal battle between survivors of a brutal residential school and the federal government is slated for an appeal hearing this week over whether the case should now be moved to British Columbia from Ontario.

The underlying fight relates to a request by three survivors of St. Anne’s in Fort Albany, Ont., to have their compensation cases reopened. They argue their claims were settled before Ottawa turned over thousands of relevant documents generated by a police investigation into child abuse at the school.

They also maintain the federal government is still in breach of disclosure orders made by a judge in 2014 and 2015.

The government wants the underlying case and appeal thrown out. It argues, among other things, that a 2006 agreement that ended a class action over abuse inflicted on Indigenous students forced to attend Indian residential schools bars claimants from having their compensation hearings reopened.

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