wfn.org | Residential school ruling by Court in Canada holds church and Crown

[George Conklin <gconklin@wfn.org>]

jointly liable

Court ruling clears way for settlement, church and Crown held jointly liable

September 1, 1999 ­ The British Columbia Supreme Court has ruled that
the Government of Canada and the Anglican church are jointly responsible
for sexual abuse committed in the early 1970s by a dormitory supervisor
at St. George’s Indian Residential School in Lytton, B.C.
The ruling clears the way for the plaintiff in the case to receive
compensation, according to Archdeacon Jim Boyles, the church’s General
Secretary.
The sexual abuse which began in 1970 ended in 1973 when the supervisor,
Derek Clarke, was dismissed after the school’s principal received a
complaint. Clarke was subsequently convicted, and the facts of the abuse
were not in dispute in this case. The issues in the case relate to the
liability of the government, which owned and administered the school and
paid the salaries of its staff, and the church, which was involved in
the school’s operation.
The Diocese of Cariboo, based in Kamloops, and the church’s General
Synod, its national body, were found jointly liable, along with the
federal government. Mr. Boyles said it is not clear whether the Diocese
of Cariboo has the financial resources to meet its share of the
obligation, but he pledged that the national church will ensure the
church’s portion of the compensation is honoured.
The Right Reverend Jim Cruickshank, Bishop of Cariboo, said he will meet
with leaders in his diocese at his earliest opportunity to consider
options which, he said, include the possibility of declaring bankruptcy.
The diocese is home to fewer than 5,000 Anglicans in 17 parishes. Nine
of the parishes are self-supporting. The Diocese of Cariboo is part of
the Ecclesiastical Province of British Columbia and Yukon. Archbishop
David Crawley, the Province’s senior bishop, said he will work with the
Diocese of Cariboo as it considers its future.
Mr. Boyles said the church has not yet made a decision on whether to
appeal the judgment, which allocated 60 percent of direct liability to
the church, and 40 percent to the government. "We are disappointed by
that finding and do not believe it represents an appropriate share of
the government’s liability," he said. "In the meantime, however, we want
to ensure that the plaintiff receives his due settlement as quickly as
possible, regardless of any subsequent appeal."
Mr. Boyles noted the church’s primary work in relation to Aboriginal
persons today is focused on healing and reconciliation. A healing fund
was established in 1991. To date it has made more than 40 grants,
totaling almost $500,000, to assist community-based healing initiatives.
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For further information contact:
Doug Tindal
Director of Information Resources
416-924-9199 ext. 286
dtindal@national.anglican.ca
Archdeacon Jim Boyles, General Secretary
416-924-9199 ext. 286
jboyles@national.anglican.ca
The Most Reverend David Crawley
Archbishop of Kootenay and Metropolitan of British Columbia and Yukon
250-762-3306
*****************************************************
Leanne Larmondin * Website Manager
*Anglican Church of Canada*
600 Jarvis St., Toronto ON M4Y 2J6
416 924 9199 ext. 307 * ll@anglican.ca
http://www.anglican.ca