A8 - The Terrace Standard, Wednesday, February 4, 1998 Feds the target of abuse lawsuit THE FEDERAL government may have apologized, but it still refuses to take re- sponsibility for the legacy of sexual and physical abuse the native residential school system has left behind, says a lawyer acting fora group of victims who have filed a law- suil. “The government of Canada has said they will see the case in court, so they clearly haven’t accepted responsibility,’’ says Peter Grant. Several of his clients are from the northwest. “Tt (the apology) is a tremendously pub- lic statement, but it hasn’t meant anything for these men.” The trial started in Nanaimo Monday and is expected to take about three wecks, The 22 men and one woman involved in the suit suffered sexual and physical abuse at the hands of Arthur Plint, a supervisor of the Port Alberni residential school on Van- couver Island. Plint was convicted of several counts of sexual assault in 1995 and is currently serving an 11-year sentence. The victims were all children when they were taken from their homes in Terrace, Hazelton, the Nass Valley and other areas of the province, and placed in the state-run schoal. The suit alleges the Canadian govemment and the United Church of Canada are vicariously liable for the actions of Plint, while he was an employee of the school. Grant explains that according to the law, an employer is responsible for the actions of an employee while on the job. ‘If a person employs someone as a driver and they are in a car accident, for example, ihe employer is vicariously Hable,”’. Grant says, ‘This situation is more complex be- cause of the involvement of two parties (ibe United Church and the federal govern- inent). Our position is that they are both vicariously liable.”’ Plint’s victims span two generations. He worked al the school from 1949 to 1951 and then again in the 1960s, The names of the victims are being kept confidential wiless they agreed to have (hen released. Of the group, Terrace’s Roger Gray and William Blackwater of Gitsegukla have come forward, Grant says he expects the trial to proceed swiflly. ‘The judge wants this matter ad- dressed as a priority,’ he says. If the court agrees the United Church and ihe government are liable, the suit will pro- ceed to the next stage — damages. Grant says the victims would be awarded compensation individually, according to what happened to them at the school, and how it affected their lives. “Some of them couldn’t complete school, even as adults becanse they were too afraid in a classroom setting,”’ he says, Collectively, those damages could aniount to millions in compensation to the victims. But according to Grant there may not have to be a lengthy court battle once liability is proven. He says there has been suggestion of a settlement if that happens. Massive police probe continues on up here A MASSIVE police investigation into al- legations of abuse at native residential schools has generated about 30 files in the northwest. Some have come from statements made by people from the northwest while others wete to assist investigations in other areas. ‘People periodically come forward with information,’’ said RCMP Corporal Rick Marshinew. Based in Prince Rupert, Mar- Shinew’s called out to work on major crime cases in the northwest. “I’ve got three on the go right now, after the fact,” he said. The information is sent down to investi- gators in Vancouver who work with a spe- cialized teain of crown counsel prosecutors. Announced in late 1994 and officially started the following year, the probe into abuse allegations at residential schools is one of the largest to involve the RCMP, Constable Gerry Peters of the Vancouver RCMP serious crimes unit says 130 files have been generated from the investigation. Two people have been charged 10 date with sexual abuse of residential school stu- dents. One of the two, Arthur Plint, is also the subject of an ongoing civil action on the part of northwest residents. Peters described the investigation as com- plex and difficult given that some of the al- legations date back decades. There are problems in identifying and locating suspects years after the fact. ‘In some cases we may have only a title, or a first name ora nickname. It’s difficult to find somebody who was a baker called Tony,”’ said Marshinew, Some suspects Lave either died or are at such an advanced age where prosecution may not be in the public interest. ‘I°d say 30 per cent of our suspects are either presumed or confirmed dead,’’ Peters said. A number of the allegations investigated concern physical assault bul that brings its own difficulties. Prosecutors have a six- month window in which charges involving common assault must be laid. And physical discipline considered un- acceptable,today may have. been acceptable decades back" ue “If force was considered within the dis- cipline of the day then it wouldn’t come un- der the scope of a criminal offence and charges won’t be laid,”’ said Peters. He says information on residential schools will come in for years to come, des- cribing the process as one way for people to heal. Tra Kiet) Fouatas ve Canny BC Branch (604) 736-9775 oc 1-600.567.3] 2 Recycle Yourself. RRS and Tell Your Family. 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