IRSRC - Alternative Dispute Resolution

NOTICE OF CLASS ACTIONS

Important information - Mohawk/Cloud Class Action

The Government of Canada wants to make sure that you are aware of the choices open to you to resolve your claim for harms suffered at an Indian Residential School. You may use the Alternative Dispute Resolution Process outlined in this Application Package to claim for certain kinds of harms, or you may sue for damages in the courts. You may sue in the courts as an individual, or as a member of a proposed class of claimants. You should be aware that other former students have begun proposed class actions in which they ask for damages on behalf of themselves and others for harms suffered at residential schools. You may already be a member of one of the proposed classes of former students.

At the time of printing this Notice, five proposed class actions have been started on behalf of former students. Information as to each of these proposed class actions is set out below. We refer to these class actions as “proposed”, since a class action must be certified by a court before it can proceed. Certification means that a judge has given permission for the class to proceed to trial to resolve the common issues in their claims together. No class action for residential school claims has yet been given this permission. The federal government will oppose certification in the courts. If a class proceeding is certified, the court will determine what common issues will be dealt with in it. There will then be a trial to determine those issues. Following the trial of the common issues, and any appeals regarding it, the courts would normally consider how remaining issues, such as damages including individual claims for damages, should be determined.

All Residential School survivors should speak with a lawyer about their rights before considering any resolution proposal. The five classes seeking certification (permission from the court to proceed as a class) are as follows:

The Cloud Class Action
In the Cloud Action, the Applicants asked the Court to certify all Aboriginal persons who attended the Mohawk Institute Residential School in Brantford, Ontario between 1922 and 1969 and their family members as a Class. They asserted claims for damages for physical and psychological abuse, and loss of language and culture, among other things, based on alleged negligence, assault and battery, breach of fiduciary duty and breach of Aboriginal and Treaty rights as common issues for which the Federal Government and other groups should be held liable. The Applicant’s Motion for Certification was denied and that denial was upheld on appeal. On December 3, 2004, the Cloud class action suit was certified by the Ontario Court of Appeal, to become the first Indian residential school class action in Canada.
Please refer to the contact information listed below if you have questions regarding the Cloud class action suit.
The Baxter National Class Action
The Baxter National Class Action has been launched in the Ontario Superior Court of Justice on behalf of all Residential School Survivors throughout Canada and their families. You may be a member of this class and could be entitled to benefits in the action. The Baxter National Class Action seeks individual compensation for victims of sexual, physical, psychological abuse and loss of language and culture, among other things. Loss of language and culture is claimed to include things like being prevented from speaking your language and learning your culture. The Baxter National Class Action also seeks compensation for breaches of aboriginal rights and treaty rights. The Government of Canada has not offered to pay compensation to Residential School survivors for loss of language and culture, among other things, and may not, in any resolution proposal made to you, compensate you for all of the harms for which compensation is claimed in the Baxter National Class Action. The Applicants have filed a Statement of Claim, and the Federal Government has filed a Statement of Defence. This Action has not been certified to date. If you would like more information on the Baxter National Class Action, please contact a lawyer or feel free to contact one of the following members of the National Consortium of Residential School Survivors’ Counsel set out in the Official Baxter National Class Action Co-Counsel List below.
The Dieter Class Action
In the Dieter Action, the Applicants are asking the Court to certify all Aboriginal persons resident in Canada, who were transported to and/or confined in Residential Schools in one or more of the Western Provinces between January 1, 1920 and December 31, 1996 as a Class. They assert claims for damages for physical, sexual and psychological abuse, and loss of language and culture, among other things, based on alleged negligence and breach of fiduciary, statutory and common law duties and treaty obligations in relation to the establishment, funding, operation, supervision, maintenance and support of the Aboriginal Residential School system and the individual schools therein as common issues for which the Federal Government should be held liable. The Applicants have filed a Statement of Claim against the Federal Government in this case, but no further steps have been taken.
The Pauchay National Class Action
In the Pauchay Action, the Applicants are asking the Court to certify all Aboriginal persons who attended various Indian Residential Schools across the Dominion of Canada from the 1940’s to the 1980’s as a Class. They assert claims for damages for physical, sexual and psychological abuse, and loss of language and culture, among other things, based on the alleged breach of a duty to provide an adequate education to the Plaintiffs and to protect them from harm in relation to the establishment, operation and maintenance of schools for Indian children, entering into agreements with religious or charitable organizations for the education of Indian children, and the making and enforcing of regulations with respect to the standards of buildings, equipment, teaching, education, inspection and discipline in connection with schools for Indian children as common issues for which the Federal Government should be held liable. The Applicants have filed a Statement of Claim against the Federal Government, and the Government has served a Request for Particulars. The Applicants have not as yet responded to this Request.
The Straightnose Class Action
The Straightnose Claim is on behalf of all Saskatchewan residents who attended a residential school in Saskatchewan between 1920 and 1996 and who suffered abuse (including emotional, cultural and psychological abuse) and/or who did not get a “proper education”. There are allegations of “systemic child abuse, neglect and maltreatment”. They reserve the right to expand the class to include non-residents of Saskatchewan who went to school in Saskatchewan, non-residents who attended IRS outside Saskatchewan, and people who were abused by former students. The causes of action include negligence, vicarious liability, breach of non-delegable duty, fiduciary breach, and breach of duty to provide an adequate education.

Contact information for each of the proposed class actions:

Cloud Class Action:
Cohen, Highley
c/o Russell Raikes
255 Queens Avenue, 11th Floor
London, Ontario
N6A 5R8
Tel: (519-672-9330)
Fax: (519-672-5960)
Email: raikes@cohenhighley.com

Baxter National Class Action:
Thomson Rogers Barristers and Solicitors
c/o Alan Farrer
Craig Brown
Darcy Merkur
390 Bay Street, Suite 3100
Toronto, Ontario
M5H 1W2
Phone: (416) 868-3176

Richard W . Courtis Barrister and Solicitor
c/o Richard Courtis
1151 Barton St., Suite 101
Thunder Bay , Ontario
P7B 5N3
Phone: (807) 623-3000
Toll free: 1-877-266-6646
Fax: (807) 623-1251

Official Baxter National Class Action Co-Counsel List:

Thomson, Rogers (co-counsel of record)
c/o Alan Farrer (416-868-3217)
      Craig Brown (416-868-3163)
      Darcy Merkur (416-868-3176 or cell 416-996-7677)
Toll Free 1-888-223-0448
fax: 416-868-3134
Barristers and Solicitors
Suite 3100, 390 Bay Street
Toronto, Ontario
M5H 1W2
email: cbrown@thomsonrogers.com
            afarrer@thomsonrogers.com
            dmerkur@thomsonrogers.com
Richard W . Courtis (co-counsel of record)
c/o Richard Courtis (807-623-3000 or toll free 1-877-266-6646)
fax 807-623-1251
Barrister and Solicitor
Suite 101, 1151 Barton Street
Thunder Bay , Ontario
P7B 5N3
email: rcourtis@hotmail.com
Field Atkinson Perraton
c/o Dan Carroll (780-423-7614)
      Jon Faulds (780-423-7625)
      Dale Cunningham (780-423-7610)
fax: 780-428-9329
2000 Oxford Tower
10235-101 Street
Edmonton, Alberta
T5J 3G1
email: dcarroll@fieldlaw.com
            jfaulds@fieldlaw.com
            dcunningham@fieldlaw.com
David Paterson Law Corp.
c/o David Paterson (604-951-0435)
fax: 604-585-1740
Barrister and Solicitor
302-10252—135 Street
Surrey, BC
V3T 4C2
email: davidp@shaw.ca
Docken & Company
c/o Clint Docken (403-269-7656)
Fran Huck (403-269-3612)
fax: 403-269-8246
640, 840 - 6 Avenue SW
Calgary AB
T2P 3E5
email: gloria@docken.com
Arnold, Pizzo, McKiggan
c/o John McKiggan (902-423-2050)
fax: 902-423-6707
5670 Spring Garden Road, Suite 306
Halifax, Nova Scotia
B3J 1H6
email: jmckiggan@apmlawyers.com
Cohen Highley LLP
c/o Russell Raikes (519-672-9330)
fax: 519-672-5960
255 Queens Ave., 11th Floor
London, Ontario
N6A 5R8
email: raikes@cohenhighley.com
White, Ottenheimer & Baker
c/o Daniel Simmons (709-722-7584)
fax: 709-722-9210
Baine Johnston Centre
10 Fort William Place
P.O. Box 5457
St. John’s , Newfoundland
A1C 5W4
email: dws@wob.nf.ca
Thompson Dorfman Sweatman
c/o William (Bill) Percy (204-934-2455)
fax: 204-943-6445
Barristers and Solicitors
Toronto Dominion Centre
2200-201 Portage Avenue
Winnipeg, MB
R3B 3L3
email: wgp@tdslaw.com
Ahlstrom Wright Oliver & Cooper
c/o Teri Lynn Bougie/Steven Cooper (800-994-7477 ext. 230 or 780-464-7477)
fax: 780-467-6428
200, 80 Chippewa Road
Sherwood Park, Alberta
T8A 4W6
email: t.bougie@awoc.ca
s.cooper@awoc.ca
Troniak Law Office
c/o Dennis M. Troniak (204-947-1743)
fax: 204-947-0101
Attorney At Law
1520-444 St. Mary Avenue
Winnipeg, Manitoba
R3C 3T1
email: dtroniak@hotmail.com
Koskie Minsky
c/o Kirk M. Baert (416-595-2117)
fax: 416-204-2889
Barristers & Solicitors
900-20 Queen Street West
Toronto, Ontario
M5H 3R3
email: kbaert@koskieminsky.com
Gilson Law Office
c/o Kimberley Gilson (204-475-3219)
fax: 204-475-3258
114 Balmoral St.
Winnipeg, Manitoba
R3C 1X4
email: kgilson@mb.sympatico.ca
Leslie R. Meiklejohn Law Office
c/o Les Meiklejohn (780-436-6400)
fax: 780-430-7491
#303, 9811-34 Avenue
Edmonton, Alberta
T6E 5X9
email: meiklaw@telusplanet.net
Huck Birchard
c/o David Birchard (306-545-4324)
fax: 306-525-3318
100, 2184 12 Avenue
Regina, Saskatchewan
S4P 0M5
email: delphine.habb@sk.sympatico.ca
Ruston Marshall
c/o Rhonda Ruston (403-328-4483)
      Vaughn Marshall (403-270-4110)
fax: 403-327-5480
#100 - 1211 - 3 Ave S
Lethbridge, Alberta
T1J OJ7
email: enichol@telusplanet.net
            rkruston@telusplanet.net
            fgvm@marshall-attorneys.com
Rath & Company
c/o Jeffrey Rath (403-931-4047)
Vivienne Beisel (403-931-4047)
fax: 403-931-4048
Box 44, Site 8, RR1
Priddis, AB
T0L 1W0
email: rathco@telus.net
Levene Tadman Gutkin Golub
c/o Kevin Macdonald (204-957-6403)
fax: 204-957-1696
Floor – 330 St. Mary Ave.
Winnipeg, Manitoba
R3C 3Z5
email: kmacdonald@llt.mb.ca
Schwartz & McVey
c/o Mollie McVey (204-768-3919)
fax: 204-768-3950
P.O. Box 470
11-Avenue North
Ashpern, Manitoba
R0C 0E0
email: molliemcvey35@hotmail.com

Dieter Class Action:
Huck, Birchard
c/o Fran Huck
100- 2184 12th Avenue
Regina, Saskatchewan
S4P 0M5
Phone: (306) 525-8136

Pauchay National Class Action:
Merchant Law Group
c/o Richard Yaholnitsky
2401 Saskatchewan Drive
Regina, Saskatchewan
S4P 4H8
Toll Free: (888) 567-7777
Phone: (306) 359-7777
Fax: (306) 522-3299
email: emerchant@merchantlaw.com

Straightnose Class Action:
Willows Tulloch & Howe
c\o Stephen Bronstein
300-533 Victoria Avenue
Regina, SK, S4N 0P8
Phone: (306) 924-8620
Phone: (306) 924-8601
email: sbronstein@cableregina.com

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