Former students of native residential schools have filed a $12.5 billion lawsuit against the federal government and the churches who ran the schools. The 90,000 claimants are seeking compensation for loss of language and culture.
The suit has to be certified by the Ontario Superior Court of Justice which would allow all living former students of residential schools to file together. Liability would go beyond the church's original agreement with the federal government, which is currently capped at $2.1 million. "If it is certified, it means many more years of litigation for everyone," said Rev. Stephen Kendall, principal clerk. "But right now, it's not clear what our role would be."
The suit has precedence in a December decision of the Ontario Court of Appeal which allowed former students of the Anglican-connected Mohawk Institute near Brantford, Ont., to file together. All 1,400 students who attended the school between 1922 and 1969 are included. The decision marks the first of its type in Canada.
The churches' agreements with the government — including that of the Presbyterian church — includes the right to defend against such suits. "The government is opposing certification," said Kendall, "and we are a part of a group of about 45 religious organizations that are also opposing it."
Kendall said the church is interested in pursuing healing and reconciliation and resolving claims through the Alternative Dispute Resolution process — a late-2003 agreement that settles claims out of court, in a supposedly faster and gentler manner.
Kendall admitted a new program may need to be created to address some sort of compensation for language and culture losses if required by the courts, but said the Presbyterian church and others already have healing and reconciliation programs in place to help with such cases. He said these programs "are fundamental to how we move forward." The church's original agreement with the government includes a process of how the affected parties might handle language and culture claims. "There are better ways than litigation to deal with the issues, including loss of language and culture," said Kendall.
There were 130 residential schools in Canada run by the government and the Presbyterian, Anglican, United and Roman Catholic churches. The Presbyterian church has the fewest claims, with about 150.
In an effort to continue the healing and reconciliation process for victims of residential schools abuse, churches are supporting the continuation of a government program called the Aboriginal Healing Foundation. Although slated to end when funds run out, churches say the program is helpful and should continue. The government has committed another $40 million as bridge money for the next two years for such work, while long-term funding is sought from the public sector.
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