The Supreme Court of Canada recently overturned a B.C. Court of Appeal ruling saying that the United Church is partially responsible for abuse incurred by students at its Port Alberni Indian Residential School. The unanimous decision found that the church is 25 per cent liable for damages, along with the federal government which assumes 75 per cent responsibility.
"I think this is a very positive step and probably establishes some pretty important principles that apply well beyond residential schools," said deputy prime minister Anne McLellan, as reported by the Canadian Press.
Chief Justice Beverly McLachlin found that the previous government policy of taking aboriginal children from their homes and forcing them into residential schools, does not, of itself, constitute a wrong. "For that, the law requires specific wrongful acts causally connected to damage suffered."
Claims for physical and mental abuse were barred because of a time limitation in the law, while sexual abuse claims were deemed to be valid. McLachlin also found no reason to increase the damages awarded by the lower courts. – with files from CP
