Aboriginal Peoples and Residential Schools

U of S | Native Law | Residential Schools in 1999 | Residential School news in 2000

Aboriginal Peoples and residentials schools in Canada

There are a huge number of court cases coming through in this area. The abuse of children was so widespread, that it has formed part of Canada's general history. With newspaper reports of payments to exceed one billion dollars. But the cost in human life, in human suffering - is beyond any words that I can write. Native Law does not provide legal counsel. This page is for educational (bibliographic) purposes only.

We would also like to recommend that researchers use the: First Nation Periodical Index which was developed as many of the First Nation newspapers and journals were not indexed in many library systems.

A.(C.) v. Critchley (1998), 166 D.L.R. (4th) 475 (B.C.C.A.).: Included here because it deals with vicarious liability. This was a wilderness camp for wards of the Provincial Crown.
Aleck v. Canada: [1999] British Columbia Judgement No. 2585. November 16, 1999.
A.Q. v. Canada (Attorney General): Saskatchewan Court of Queen's Bench. Re: sexual assault at Gordon Residential School. Reported at: [1998] Saskatchewan Judgment No. 486 and (1998) 169 Sasktchewan Review at page 1

Acoose, Janice: "An Aboriginal perspective" in Saskatchewan Indian vol. 20 no. 4 September 1991 at page 16
Anglican Church of Canada: Residential schools: legacy and response. This site is at: http://www.anglican.ca/ministry/rs/resources/other_apologies.html
"Anglican diocese faces bankruptcy : diocese of Cariboo, B.C. ordered to pay damages in sex abuse case brought by former student at St. George's Indian residential school.": The Christian Century vol. 116 no.27 (Oct. 13 1999) p. 960
Armstrong, Jane: "Oblate brother faces dozens of sex charges - allegations are that assaults occurred at a B.C. residential school" The Globe and Mail on 2 June 2000 at page A3. Re: charges against Glen William Doughty at St. Joseph's Residential School at Williams Lake and the Kuper Residential School (Vancouver Island).
Bala, Nicholas: "The Supreme Court sends a clear message (again): children are not adults". (December 1999) 27 Criminal Reports (5th) at pages 195 to 202
Barnsley, Paul: "Findings shaky, says witness" by Paul Barnsley, Windspeaker May 2001 (Vol. 19 No. 1) at pages 7 and 9. Title on page 9 is "Residential school claims overblown?" Re: researcher John Siebert "...a Mennonite man who worked for the United Church of Canada from 1992 to 1998".
Barnsley, Paul: "Residential schools violated UN Law" Windspeaker News July 1998 page 2
Breaking the silence: an interpretive study of residential school impact and healing as illustrated by the stories of First Nation individuals: Ottawa: Assembly of First Nations, 1994. 196 pages ; 27 cm. ISBN 0919682405

B.(K.L.) v. British Columbia (1998), 51 B.C.L.R. (3d) 1 (B.C.S.C.): Case deals with vicarious liability in a situation where children were placed into certain foster parents by the Crown.
Baptiste v. Canada (Attorney General): 1999 Saskatchewan Court of Queen's Bench. Reported at [1999] Saskatchewan Judgment No. 470. The following is from paragraph one:

DIELSCHNEIDER J.:-- The petitioner seeks an exemption from the mediation process mandated by subsection 54.2(1) of The Queen's Bench Act, R.S.S. 1978, c. Q-1, as amended:
After the close of pleadings in a contested cause or matter that is not a family law proceeding, the local registrar shall arrange for, and the parties shall attend, a mediation session prior to taking any further step in the cause or matter.

Barman, Jean, Yvonne Hebert and Don McCaskill (eds.): Indian Education in Canada. Vol. I: The Legacy, Vancouver: UBC Press, 1986.
Barman, Jean.: "Lost Opportunity: All Hallows School for Indians and White Girls, 1884-1920," British Columbia Historical News, Vol. 22 (Spring 1989): 6-9; and in Jean Barman, Neil Sutherland, and J. Donald Wilson (eds.),Children, Teachers & Schools in the History of British Columbia. Calgary: Detselig, 1995.

"Schooled for Inequality: The Education of British Columbia Aboriginal Children," in Children, Teachers & Schools in the History of British Columbia 1995.
"Family vs. Schools: Children of Aboriginal Descent in British Columbia Classrooms of the Late Nineteenth Century," in Edgar-Andre Montigny and Lori Chambers (eds.), Family Matters: Papers in Post-Confederation Family History Toronto: Canadian Scholars Press, 1998.

Baxter v. Canada (A.G.) and others: The Toronto Law firm Thomson Rogers has filed a statement of claim re: abuse in residential schools. (Their web site also contains a Class Action Information form. The statement of claim is in .pdf format and is at: http://www.thomsonrogers.com/StatementOfClaim.pdf
Bazley v. Curry (1999) 174 D.L.R. (4th) 45 (S.C.C.): Supreme Court of Canada. From the headnotes: "Torts -- Vicarious liability -- Intentional torts -- Sexual abuse -- Child sexually abused while in residential care facility -- Whether organization operating facility vicariously liable for its employee's sexual assault of child -- Whether non-profit employers should be exempted from liability." (my emphasis). This was a residential care facility for the treatment of emotionally troubled children
Bedwell, Patricia Doyle: "Compensation for residential school survivors" Wabanaki Legal News http://www.ptla.org/wabanaki/Webshu.htm
Bessner, Ronda: "Sensitivity of the Supreme Court to the plight of child victims of sexual abuse." (December 1999) 27 Criminal Reports (5th) at pages 189 to 194
Bird v. Canada (Attorney General): Saskatchewan Court of Queen's Bench. [1999] Saskatchewan Judgment No.79
Bryce, P.H.: The story of a national crime being an appeal for justice to the Indians of Canada Ottawa. James Hope and Sons, Ltd. 1922
Canada. Dept. of Indian Affairs and Northern Development.: The residential school system : backgrounder. 1999. 3 p. Government Documents call no. CA1 IA : 1999R27
Canada. Royal Commission on Aboriginal Peoples: 5 volumes in this series. ISBN 0660164132 vol. 1, 0660164140 vol. 2, 0660164159 vol. 3, 0660164167 vol. 4, 0660164175 vol. 5. Canada Communications Group - Publishing, Ottawa, 1996
Canadian Journal of Native Education: See the First Nations Periodical Index for an index of residential school articles in this journal.
CBC radio in St. John's: To smile again as children Re: sexual and physical abuse the Innu of Labrador suffered since the late 1950s from the Oblate priests and brothers. http://stjohns.cbc.ca/innuabuse
Chrisjohn, Roland and Shari Young, with Michael Maraun: The Circle Game. Shadows and Substance in the Indian Residential School Experience in Canada. Penticton, B.C.: Theytus Books, 1997 327 p. : ill. ; 23 cm. ISBN 0919441858. E 96.5 .C57 1997
Christian Century [personal author is unknown] v. 117 no. 26. (Sept. 27 - Oct. 4 2000): "Lawsuits force cuts for Canadian Anglicans : sex abuse cases brought by former students of church schools." at pages 949-50.

The Anglican Church in Canada has started to reduce both its staff and its program, the Episcopal News Service reports. This move comes as the church is faced with hundreds of lawsuits seeking damages for the role it played in running residential schools where there is evidence of physical and sexual abuse of young children...

Concluding observations of the UN Committee on the Rights of the Child : third to seventeenth sessions, 1993-1998: Edited by Leif Holmström. The Hague ; Boston : Martinus Nijhoff Publishers, c2000. Library of Congress call no. K 639 .C66 2000.
Corby, Brian: Child abuse : towards a knowledge base Buckingham ; Phildelphia, Pa. : Open University, c2000. Library of Congress call No. HV 6626.5 .C67 2000.
Crockatt, Joan: Calgary Herald. November 20, 1999 at pages A1 and A2. "Churches face bankruptcy threat : abuse claims jeopardize Anglican, United survival"

D.A. v. Canada (Attorney General): Between D.A. and W.J., plaintiffs, and Attorney General of Canada, G.D., and La Corporation Episcopale Catholique Romaine de Prince Albert, defendants [1998] Saskatchewan Judgment No. 691 Saskatchewan Court of Queen's Bench. Judge Barclay. October 14, 1998.

More than 423 statements of claim were filed alleging sexual, and in some cases, physical, emotional, psychological and/or verbal abuse, inflicted upon various plaintiffs during the time they attend various residential schools as children. In all of these cases the federal government, as represented by the Attorney General for Canada, is named as a defendant. Many of the claims involve plaintiffs who attended Gordon Residential School and who allege they were sexually assaulted by the former Administrator of the school, William Starr (the "Starr claims"). Approximately two years ago the Director of Mediation Services, Ken Acton, made a decision to exempt the Starr claims (most, if not all of which have been issued in the Judicial Centre of Regina) from the requirement of mandatory mediation.
- from paragraph 3,

The Judge stated that "mandatory mediation is not appropriate in these cases".

DePalma, Anthony: "Canada's indigenous tribes receive formal apology." in New York Times (Late New York Edition) (Jan. 8 '98) PHYS DESCR p. A3.

Diefenbaker, John George, The Rt. Hon.
Diefenbaker Canada Centre. There are many school files in this collection. Not all of them are indexed. Or the indexes are known only to the staff of the Diefenbaker Centre. Below are two examples of files that are indexed.

        Call No.:  MG 01/VI/R/25/(039.1 PA Sanitorium Conf.)  Diefenbaker
                   Centre, Row 4, Vol.1
        Collection:Prime Minister's Office
        Title:     Education - Other - Schools for Indians - Prince Albert
                   Sanitorium - Confidential  1960  [textual records]
        Phys Desc: 1 folder
        Summary:   This file contains a letter and a memorandum regarding a
                   proposal to convert the Prince Albert Sanitorium into an
                   Indian residential school.
        Microfilm No.: M-
        Note:      Available on Microfilm from Nat'l Archives of Canada &
                   Diefenbaker Centre.  On InterLibrary Loan from the
                   Diefenbaker Centre only.
        Cite as:   Diefenbaker Centre MG 01, VI, Restricted Subseries, vol. 2,
                   file 25
        Author:    Fairclough, Ellen
        Pages:     pp.29007-29008
        Series Description: RSN00002248

      Call No.:  MG 01/VI/(039.1 Yukon)  Diefenbaker Centre, Row 4 - 6, Vol.34
      Title:     Education - Other - Schools for Indians - Yukon 1961-1962
      Microfilm No.: M-7803
      Pages:     pp.29010-29038
      Series Description: RSN00002248

Deiter, Constance: From our mothers' arms : the intergenerational impact of residential schools in Saskatchewan Etobicoke, Ont. : United Church Publishing House, c1999. xi, 100 p. : ill., ports. ; 23 cm. ISBN is 155134095X
Dyck, N.: Differing visions : administering Indian resdsidential schooling in Prince Albert, 1867-1967 Halifax: Fernwood Publishing, 1997

This book was reviewed by Prof. J.R. Miller in Saskatchewan History vol. 49 no. 2 Fall 1997 at pages 41 and 42.

E.R.M. et al v. Clarke et al: 2001 BCSC 676 (The Anglican Church of Canada)
[The] Economist: "Tales out of school. : Canadian Indians sue government and churches for child abuse." The Economist v. 357 (Oct. 28 2000) at page 36. Gives the figure that 6,200 Aboriginal people are suing the Federal Government and Roman Catholic, Anglican, United and Presbyterian Churches... At the University of Saskatchewan Library this magazine is on the 6th floor of the Main Library under the call no. HB1 .E21
F.S.M. v. Clarke: [1999] British Columbia Judgment No. 1973.
Fenwick, Fred R.: "Residential School Cases" In 24 Law Now No. 1 at pages 42 and 43. (August 1999)
Fontaine, Phil: Saskatchewan Indian Spring 1998 at page 9. reprinted with permission from Jan. 19, 1998 issue of TIME Canada. Re: Government of Canada'a apology for treatment in residential schools

[cover of victims of
benevolence]

Furniss, Elizabeth.: A conspiracy of silence : the care of the Native students at St. Joseph's residential school, Williams Lake B.C. Williams Lke, BC. Cariboo Council, 1991
Victims of benevolence: discipline & death at the Williams Lake Indian residential school, 1891-1920 Williams Lake, B.C. Cariboo Tribal Council. Includes bibliographical notes. ISBN 0969663900. Library of Congress call no. E 96.6 .W54 F87 1992.
Grant, Agnes.: No End of Grief: Indian Residential Schools in Canada. Winnipeg: Pemmican Publications, 1996.
Grant, Peter R.: "Settling residential schools claims: litigation or mediation" in Aboriginal writes Canadian Bar Association National Aboriginal Law Section January 1998.

Gresko, Jacqueline.: "White 'rites' and Indian 'rites': Indian education and Native responses in the West, 1870-1910, in David C. Jones, Nancy M. Sheehan, and Robert M. Stamp (eds.), Shaping the Schools of the Canadian West Calgary: Detselig, 1979.
"Creating little dominions within the Dominion: Early Catholic Indian Education Schools in Saskatchewan and British Columbia," in Jean Barman, Yvonne Hebert and Don McCaskill (eds.) Indian Education in Canada. Vol. I: The Legacy, Vancouver: UBC Press, 1986.
H.L. v. Canada (Attorney General): [2001] S.J. No. 298. Queen's Bench. Vicarious liability case, in Saskatchewan.

"Many years prior to the events relevant to the within action, Canada created and funded the operation of a complex initially known as the "Gordon Indian Residential School" in partial fulfilment of its responsibility under the Indian Act, S.C. 1894, c. 32 to educate Indian children. The complex consisted of a classroom building, a gymnasium forming part of the classroom building and a building dedicated to housing up to 152 students who either attended the onsite school or schools in nearby towns. In April of 1969, Canada took over direct control of the Gordon Indian Residential School from the church organization that had operated it for many years and shortly thereafter reorganized the complex's operations. It renamed the classroom building "Gordon's Day School" and placed the administration thereof in the hands of a professional educator holding the title of "principal". The residential building and related facilities were renamed "Gordon Student Residence" and placed under the control of a residence administrator."
- from paragraph four

Haig-Brown, Celia.: Resistance and Renewal: Surviving the Indian Residential School. Vancouver: Tillacum Library, 1988.
Harper, Maddie: "Mush-hole": memories of a residential school" as told by Maddie Harper. Toronto: Sister Vision Press, 1993. This is juvenile literature.
Henton, Darcy: Boys don't cry : the struggle for justice and healing in Canada's biggest sex abuse scandal. Includes index. ISBN 0771040660 Re: the horror done by the Christian Brothers at St. Joseph's Training School (Alfred, Ontario) and St. John's Training School (Uxbridge, Ontario). Library of Congress call no. HV 6570.4 C3 H45 1995. While not dealing specifically with Aboriginal children, this book is a very important document in child sexual abuse. Foreward by Judge David Cole
Hobart, C.W.: "Some consequences of residential schooling" in American Indian Education edited by R. Marvin and A. Willard. Tempe: Arizona State University, 1974
Hodgson, M.: Impact of residential schools and other root causes of poor mental health. Edmonton: Nechi Institute on Alcohol and Drug Education, 1990.
Hornick, Joseph P. (Joseph Phillip), 1946 -: A review of the implementation of the child sexual abuse legislation in selected sites.. Published by the Communications and Consultation Branch. Department of Justice Canada. ISBN 0662202384 KE 8926 .H67 1992
I.B. v. Canada (Attorney General) [2001] S.J. No. 314: Between I.B., plaintiff, and Attorney General of Canada and William Starr and William Brittain, defendants, and The Missionary Society of the Anglican Church of Canada, the Synod of the Diocese of Qu'Appelle and the General Synod of the Anglican Church of Canada, third parties 2001 SKQB 243
Indian and Eskimo residential schools: Popular information series no. 12. Missionary society, Church of England in Canada, September 1939
Indian Residential Schools (Re:): [1999] Alberta Judgment No. 1266 November 3, 1999. "...to date, it appears that over one thousand actions have been issued in relation to residential schools in Alberta and I am advised that there are more to come." Judge McMahon
Indian residential schools : the Nuu-chah-nulth experience : report of the Nuu-chah-nulth Tribal Council Indian residential school study, 1992-1994.: Port Alberni, B.C. : Nuu-chah-nulth Tribal Council, 1996. xxviii, 228 p. : ill., map, forms ; 23 cm. ISBN 0968146708. E 99 .N85.I.64 1996
Ing, Rosalyn: Dealing with shame and unresolved trauma : residential school and its impact on the 2nd and 3rd generation adults. Vancouver : University of British Columbia, 2000. 154 pages. Library of Congress call no. E 96.5 .I54 2000
J.J.C. v. Canada (Attorney General): British Columbia Supreme Court. [1998] B.C. Judgment No. 1665.
J.W.R. v. Canada (Attorney General) [2000] Manitoba Judgment No. 250: Manitoba Court of Appeal. Between J.W.R., N.L.W., K.C.W., P.P. and M.D.P., (plaintiffs) respondents, and The Attorney General of Canada and the United Church of Canada, (defendants), and The Presbyterian Church in Canada, (defendant) appellant

Judge Huband in paragraph 11 stated that:

...I must observe that this action is in its embryonic stage. Difficult and novel causes of action have been pleaded in the amended statement of claim. In addition to specific acts of physical and sexual abuse, the plaintiffs plead deliberate and calculated breaches of fiduciary duty by the Government of Canada and a federal policy of cultural assimilation. Treaty No. 1 (1871) is relied upon, as are Article III of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide, and the documentation of the policy of assimilation in the Report of the Royal Commission on Aboriginal Peoples, Volume 1, Chapter 10. It may well be as issues are joined and mature into triable ones that further orders directing separate trials of particular claims will be justified.
[#12] I would dismiss the appeal with costs in the cause.

Jacobi v. Griffiths: Supreme Court of Canada. October 6, 1999. Important case re: vicarious liability
Jaine, L., ed: Residential schools: the stolen years. Saskatoon. University of Saskatchewan Extension Press, 1993
Johnston, Basil: Indian School Days Toronto: Key Porter Books, 1988. ISBN 1550130722. Library of Congress call no. E 99 .C6 J63 1988. Re: Garnier Residential School and the Ojibwa children.

This is an autobiography of Basil Johnston,
"...a native Ojibway, who was taken from his family at age 10 and placed in a "residential" schoolin northern Ontario. The book opens in 1939 when the feared Indian agent visited Johnston's family and removed him and his four-year-old sister to St. Peter Claver's School, a boarding school run by Jesuit priests at Spanish, 75 miles from Sudbury, Ontario..."
This book was reviewed by Dorothy Parker in The American Indian Quarterly v. 15 (Spring 1991) at pages 238 and 239.

K.(W.) v. Pornbacher (1997), 32 B.C.L.R. (3rd) 360 (B.C.S.C.): Vicarious liability case re: priest and the children who were in his care.
Knockwood, I: Out of the depths: the experiences of Ni'kmaw at the Indian Residential school at Shubenacadie, Nova Scotia. Lockeport, NS: Roseway Publishing, 1992. 159 p. ill. ISBN 096941806x E 99 .M6 K66 1992
L.R. v. British Columbia: British Columbia Supreme Court. Brought Under The Class Proceedings Act. Between L.R., J.P., S.R., J.S. and M.M., plaintiffs, and Her Majesty the Queen in Right of the Province of British Columbia, defendant. [1998] B.C.J. No. 2588. Re: Practice - who can be sued.
Lascelles, Thomas A.: Roman Catholic Indian residential schools in British Columbia. Vancouver: Order of OMI in B.C., 1990 104 p. ill. ISBN 0969130848 E 96.65 .B7 L38 1990
M.A. v. Canada (Attorney General): 1999 Saskatchewan Court of Queen's Bench. [1999] Saskatchewan Judgment No. 538. August 18, 1999. Re: physical and sexual abuse at Gordon Residential School.

The plaintiffs alleged that they were physically and sexually assaulted and abused by the defendant McNabb while they were residing at the School. The plaintiff, M.A., was a student at the School from about 1985 to 1990. The plaintiff, T.A., was a student at the School from about 1987 to 1992. It is apparent, therefore, that the last of the abuses and assaults against the plaintiff, M.A., occurred about seven years prior to the commencement of this action and, as against the plaintiff, T.A., about five years prior to the commencement of this action.

Marceau-Kozicki, Sylvie.: Onion Lake Indian Residential schools, 1892-1943 c1993. iv, 235 pages ; 29 cm. Thesis (M.A.)--University of Saskatchewan, 1993.
Martens, Tony: The spirit weeps: characteristics and dynamics of incest and child sexual abuse Edmonton: Nechi Institute, 1991. ISBN 0969344023
Miller, J. R.: "The irony of residential schooling" in Canadian Journal of Native Education vol. 14 no. 2 1987 at pages 3 to 14. Published at the University of Saskatchewan
Miller, J. R.: The state, the church, and residential schools in Canada (From the Anglican Church of Canada website)
Miller, J. R.: Shingwauk's Visions. A History of Indian Residential Schools. Toronto: University of Toronto Press, 1996.
Million, Dian.: "Telling secrets: sex, power and narratives in Indian residential school histories." Canadian Woman Studies v. 20 no2 (Summer 2000) at pages 92-104
Milloy, John Sheridan: A national crime : the Canadian government and the residential school system, 1879 - 1986 (Manitoba studies in native history, 0826-9416 : 11). Includes bibliographic references and index. ISBN 0887551661 (bound) or 0887556469 (pbk) Call No. E 96.5 .M54 1999
Mowatt v. Clarke et al.: 2000 BCSC 0432 (Anglican Church of Canada)
Murray, Barbara J.: Sexual misconduct of educators: a comparison of decisions of courts and tribunals in British Columbia, Nova Scotia and Ontario. 1999 xiv, 335 leaves. Thesis (LL.M.) Dalhousie University, Faculty of Law, 1999
Native Indian Residential School Task Force: "The specific purpose of the Task Force is to investigate complaints of physical and sexual abuse that occured at, or were related to, Native Indian residential schools established in British Columbia persuant to the Indian Act. These schools were adminstered by the Department of Indian Affairs, and for the most part were operated between 1890 - 1984 by the Roman Catholic, Anglican and United Churches."
O'Hearn, Marilyn Elaine, 1944-: Canadian native education policy [microform] : a case study of the residential school at Shubenacadie, Nova Scotia 1989. iv, 169 leaves : ill. Thesis (M.A.)--Saint Mary's University, 1989. Microfich. Ottawa : National Library of Canada, 1991. 2 microfiches ; 11 x 15 cm. (Canadian theses on microfiche) Micro E 96.2 .O.33 1989a
Oskaboose, Gilbert: Indian residential schools - 40 some years later. The web address is at: http://firstnations.com/oskaboose/40-years-later.htm
Pauls, Syd: "Racism and native schooling: a historical perspective" in Racism in Canadian Schools Edited by M. Ibrahim Alladin, at pages 22 to 41. Harcourt Brace Canada: Toronto, 1996. ISBN 0774734922. Library of Congress call no.: LC 212.3 .C2 A55 1995.

This book says that there are "633 First Nations" in Canada; with a total population of 1 500 000 status Indian in 1994 (under the meaning of the Indian Act i.e. this does not include Metis or non-status Indians). Now on page 23 the author gives a definition of Indigenous using the United Nations and World Bank documents.

P. J. et al v. The Attorney General of Canada et al: 2000 BCSC 1780 (THE ORDER OF THE OBLATES OF MARY IMMACULATE IN THE PROVINCE OF BRITISH COLUMBIA)
Phillips v. Attorney General of Canada et al: 2001 BCSC 522 (St. George's Indian Residential School near Lytton, B.C.)
Porter, E.: "The Anglican Church and Native Education: residential schools and assimilation" Ph.D. dissertation, University of Toronto, 1981

R. v. Comeau: Northwest Territories Supreme Court. Reported at: [1998] N.W.T.J. No. 34 and at: [1998] N.W.T.R. at page 17. Comeau was employed at a residential schools between 1958 and 1965. Two incidents of indecent assault. Judgement date 5 February 1998.
R. v. Hall [1993] O.J. No. 3344: Ontario Court of Justice - General Division. Judge Granger. September 7, 1993. While not dealing specifically with Aboriginal children, this case is very similiar to Indian residential schools children.

"This was a trial on charges of rape, sexual assault, indecent assault and gross indecency which occurred while the accused was employed as an educator at schools for the hearing impaired from 1970 to 1983. The assaults involved seven women who were hearing impaired and were 15 to 18 years old at the time. The 46- year-old accused claimed that he was either not involved in sexual activities or that the complainants consented or he believed that they consented to the alleged acts. An investigation followed an anonymous letter complaining about the accused's involvement with students. He admitted to being involved in sexual activities with some of the victims after they ceased to be students. He also admitted to sexual contact with some while they were students...

At the end of this case judge Granger

...apologize on behalf of the Province of Ontario to the complainants and their parents. In the 1970s and 1980s, young hearing-impaired children were offered special education at the Ontario School for the Deaf in Belleville, E.C. Drury in Milton, and Robarts School for the Deaf in London. If the parents of the young children did not live within daily driving distance, the students lived in residence. Residence living more often than not, as here, commenced at the age of five. The parents of these very young children trusted the Province of Ontario to act as the guardians of their children as they were educated through elementary school and high school. The parents were entitled to assume that their children, who were so precious to them and who had no choice but to leave home to be educated, would be protected as they would have been when living in their own home. Responsible parents know where their children are when they are young and have a good sense of what their children are doing while they are attending school. If a child encounters difficulty while at school, a child can discuss the matter with his or her parent and the danger can be confronted and removed. Here, the parents of these young children were entitled to think that their children would be safe while attending these schools for the hearing-impaired. Unfortunately, one of the people to whom these parents had entrusted their children was preying upon these children as they became young women. We, as members of the Province of Ontario, owe an apology to these young women and to their parents. I am sure their lives will never be the same."

R. v. Hands: 1996 Ontario Court (General Division). [1996] Ontario Judgment No. 264. Sexual abuse by supervisor of a domitory of a residential school, run by the Anglican Church of Canada.
R. v. O'Conner: British Columbia Court of Appeal. [1996] B.C. Judgment No. 2064.
R. v. Kipling: 1999 Manitoba Judgment No. 401

"The five plaintiffs in this proceeding seek redress for treatment they received while attending Fort Alexander, Pine Creek, Sandy Bay and Assiniboia Residential Schools in the period from 1959 to 1968. Three are members of Peguis First Nation, and two are members of Fisher Branch First Nation. The residential schools in question were run by Les Oblats, an order of the Roman Catholic Church, and were operated as such at the behest of the Minister of Indian and Northern Affairs..."
quoted from paragraph 2

R. v. Maczynski: [1997] B.C.J. No. 2623 British Columbia Court of Appeal. Oral judgment: October 30, 1997.

This was an appeal from sentence. The 67-year-old appellant was sentenced to a total of 16 years imprisonment for various sexual offences committed against young boys at an Indian Residential School in the 1950s and 1960s. His counsel submitted that he should have been sentenced to no more than 12 years in light of his ill health.

R. v. Leroux: [1998] N.W.T.J. No. 141 Northwest Territories Supreme Court. Judge Vertes. Judgment filed: August 25, 1998. Sentencing hearing on numerous charges of sexual abuse. Leroux pleaded guilty to nine counts and was convicted on 14 other counts. The charges related to the sexual abuse of young men between the ages of 13 and 19 who attended a student residence and who were under the care of the accused. Leroux had taken advantage of his position of authority.
Raibmon, Paige.: "'A New Understanding of Things Indian:' George Raley's Negotiation of the Residential School Experience," [Coqualeetza Residential School, Sardis, B.C.], BC Studies. No. 110 (Summer 1996) 69-96.
Redford, James.: "Attendance at Indian Residential Schools in British Columbia, 1890-1920," BC Studies, No. 44 (Winter 1979/80).
Riney, Scott.: "Education by hardship: Native American boarding schools in the U.S. and Canada". The Oral History Review v. 24 no2 (Winter '97) at pages 117 to 123.
Roberts, James: "History of P.A. student residence" in Saskatchewan Indian Nov. 1971 at page 8.

Rowe, Diane: Race, culture and gender considerations : contingent factors and damage awards for sexual assault and abuse This article is on the White, Ottenheimer & Baker web site
Rowe, Diane: What's the Damage? Aboriginal claims for compensation for the affects of Church and State Policies of Assimilation, Cultural and Spiritual Elimination.. This article is on the White, Ottenheimer & Baker web site.
Rumley v. British Columbia: British Columbia Court of Appeal. "This is an appeal from the dismissal of an application to certify an action for damages by former students of the Jericho Hill School and others as a class proceeding under the Class Proceedings Act, R.S.B.C. 1996, c. 50 ( the "CPA")."
Sacred lives : Canadian aboriginal children & youth speak out about sexual exploitation: by the National Aboriginal Consultation Project. Vancouver, B.C. Save the Children Canada. [2000?] vi, 98 pages E 98 .Y68 N37 2000
T.P. v. Canada (Attorney General): Between T.P., plaintiff, and [the] Attorney General of Canada, defendants, and The General Synod of the Anglican Church of Canada, the Synod of the Anglican Diocese of Cariboo, third parties. [2001] B.C.J. No. 921 British Columbia Supreme Courts
T.W.N.A. v. Canada: Between T.W.N.A., E.A.J., G.B.S., K.J.J., F.M.B., B.F.P. and J.M.P., plaintiffs, and D.C., A.W.H., Her Majesty the Queen in Right of Canada as represented by the Minister of Indian and Northern Affairs, defendant, and the Anglican Church of Canada, the Anglican Diocese of Cariboo, t he General Synod of the Anglican Church of Canada, the Synod of the Diocese of Cariboo and D.C., third parties. [1999] B.C.J. No. 2585.Vancouver Registry No. C886397.British Columbia Supreme Court Judge Williamson. Judgment date: November 16, 1999.
Teichroeb, Ruth: Flowers on my grave : how an Ojibwa boy's death helped break the silence on child abuse Includes bibliography and references. ISBN 0002554291 (A Phyllis Bruce Book, HarperCollins Publishers re: Lester Desjarlais, 1974-1988.

Titley, E. Brian.: "Indian Industrial Schools in Western Canada," in Nancy M. Sheehan, J. Donald Wilson, and David C. Jones (eds.), Schools in the West: Essays in Canadian Educational History, Calgary: Detselig, 1986.
United Church of Canada: Alberni Indian residential schools lawsuit archive. The site is at: http://www.uccan.org/airs/home.htm
United Church of Canada: Residential School Litigation Fequently asked questions [20]. The web site is at: http://www.uccan.org/airs/qa.htm

United Church decides to appeal vicarious liability judgment

United Church names David MacDonald as special advisor

V.P. v. Canada (Attorney General)
: Saskatchewan Court of Queen's Bench. [1999] Saskatchewan Judgment No. 740. re: sexual and physical abuse at Gordon Residential School ("Gordon's") near Punnichy, Saskatchewan, 10 November 1999. Case discusses previous residential school cases, and vicarious liability.
W.P. v. Canada (Attorney General): Saskatchewan Court of Queen's Bench reported at: [1999] Saskatchewan Judgment No. 543. Re: abuse and Gordon First Nation.
W. R. B. v. Plint.: British Columbia Superior Courts. A print copy of this judgment is published in [1998] 4 Canadian Native Law Reporter at page 13 or [1998] Dominion Law Reporter 4th at page 538. The judge concluded that "both the [United] Church and Canada are vicariously liable for the sexual assaults committed against the plaintiffs by Plint." (my emphasis)
Warley, Linda.: "Unbecoming a "dirty savage": Jane Willis's Geniesh: an Indian girlhood." Canadian Literature no. 156 (Spring '98) at pages 83 to 103.

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