WARNING: This story contains details of the abuse of children in residential schools.
The Department of Justice has asked an Ontario Court to condemn the accusations that Canada intentionally hidden children’s abuse evidence at a residential school to deny justice to survivors.
The federal government argues that there is no evidence that Canada has acted in bad faith by not revealing thousands of records that detail physical and sexual abuse at the Indian Residential School St. Anne’s in Fort Albany, Ontario, for compensation audiences held between 2006 and 2014.
“Some type of explicit conviction is necessary by the Court regarding these accusations,” Justice Canada’s lawyer, Daniel Engel, on the Superior Court of Ontario in Toronto on Thursday.
Engel was responding to Fay Brunning’s comments, a lawyer based in Ottawa who represents a group of survivors who have fought for a decade to hold Canada responsible for non -dissemination.
Led by Edmund Metatawabin, former head of the first Nation of Fort Albany, Hogar de St. Anne from 1906 to 1976, the survivors returned to the court this week before Judge Benjamin Glustein.
Its case refers to the Conciliation Agreement on Indigenous Residential Schools of 2006, which offered survivors throughout the country a payment for common experience guaranteed and access to an independent evaluation process (IAP) to listen to complaints of abuse.
But when those audiences began, Canada reported that I had no documents about physical and sexual abuse in St. Anne’s. In fact, the Department of Justice had 12,300 police investigations records, transcripts of criminal trials and relevant civil judicial documents.
Brunning alleged Wednesday that the government intentionally retained the vast treasure of material, violating the constitutional rights of the plaintiffs and the duty of the crown to avoid sudden treatment with indigenous peoples.
“Unfortunately, these are not facts that you are inventing,” he told the court.
“There have been hard treatment by the crown for 11 years, and has been exhausting for St. Anne survivors: exhausting.”
Those 47,000 pages of unnatured documents contained accusations and evidence of aggressions, rapes, sexual humiliations, punishments with improvised electric chairs or whips of the nine -tails cat and sick children forced to eat their own vomit.
Between 1992 and 1997, the Provincial Police of Ontario carried out extensive investigation into abuse. They interviewed more than 700 people, took 900 sworn statements and confiscated more than 7,000 documents of ecclesiastical entities.
Police finally accused seven former school officials and obtained five convictions. Then, between 2000 and 2003, more than 150 survivors filed 61 civil lawsuits against Canada and other parties, naming and listing 180 alleged authors in the process.
Group wants a process to reopen claims
In 2014, Metatawabin obtained a court order that confirmed that Canada failed to comply with its dissemination obligations, but the court did not pronounce on whether Ottawa acted in bad faith. Metatawabin now alleges that Canada violated the 2014 order.
The group seeks a process to reopen compensation claims that never received updated reports and that the Court orders investigation into government conduct. The Government, however, wants the request to be dismissed for procedural reasons.
Also on Thursday, the assembly of the first nations, which represents the bosses throughout the country, urged the court not to dismiss the case for a technicality, warning of “a serious judicial error” that must still be rectified.
“These brave survivors continue to appear in the courts of the Crown to demand peacefully and justice to the Judicial System of Canada,” said AFN lawyer, Christopher Rapson.
“His courage and perseverance by shining the light of truth in the darkest corners of the darkest chapter of Canada are a testimony of the strength and resilience of the peoples of the first nations and the survivors of the residential schools “
Canada argues that the survivors did not comply with the deadline to submit their application, they are abusing judicial processes when they again litigate resolved issues and seek solutions that are not available. Engel argued on Thursday that Brunning could not refute these points.
“I do not doubt the sincerity of your indignation,” he said.
“To some extent, I understand why there is a certain level of suspicion about Canada’s actions.”
But in regards to specific issues, he added, “she is simply wrong.”
The argument of Canada’s written response also criticizes survivors for making “deceptive, unfounded and scandalous accusations” against court officials, although it is not clear to what specific accusations it refers to, since the answer says that “Canada will not respond” To accusations.
The written argument of the survivors says that the situation presents a crucial evidence to determine if the Superior Court of Ontario fulfilled its duty to enforce the conciliation agreement.
He alleges that the Court did not challenge the Government for breach of the 2014 order during the last 10 years, despite the fact that evidence was presented that it was being violated as of November 2015.
Glustein reserved his decision.
There is support available for any person affected by their experience in residential schools or by the latest reports.
A national crisis line has been created in Indian residential schools to provide support to survivors already affected. People can access emotional and crisis reference services by calling the National Crisis Line 24 hours: 1-866-925-4419.
Mental health advice and support in case of crisis are also available 24 hours a day, seven days a week through the Hope For Wellness line at 1-855-242-3310 or by online chat in www.esperanza to thebienestar.ca.
