Native abuse lawsuit goes to top court Monday

Toronto, Ontario, Canada —

The first civil lawsuit in Canada to seek redress for years of physical, emotional and sexual abuse at a native residential school will go before the country's top court Monday after nearly a decade of legal wrangling between Ottawa and the First Nations community.

Former students of the Port Alberni Indian Residential School in British Columbia launched the suit in 1997, seeking compensation for the emotional and physical scars left by decades of sexual and physical torment at the hands of their instructors.

The Supreme Court of Canada's decision is expected to establish the standard by which similar cases still before the courts, involving the Anglican, Presbyterian and Roman Catholic churches, will be measured, experts say.

"It's extremely significant," said Sharon Thira, executive director of the Indian Residential School Survivors Society.

"We feel that a lot of the compensation that we've seen has not been up to par with what other Canadians receive who have been sexually abused chronically. We would like to see some parity."

In June 1998, Justice Donald Brenner ruled that both the United Church of Canada and the federal government were equally responsible for abuse at the Port Alberni school, which was run by church clergy.

But in December 2003, the B.C. Court of Appeal overturned that decision, ruling that Ottawa should be held wholly responsible for compensating aboriginal students who were berated, beaten and molested during their time at the school.

Read the article at CTV.ca Dated May 15, 2005

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