wfn.org | Anglican Church of Canada considers court appeal, pays plaintiff in

[Worldwide Faith News <wfn@wfn.org>]

abuse case

Church decision on Lytton appeal will follow independent review; payment to
plaintiff unaffected

SEPTEMBER 29, 1999, TORONTO -- The Anglican Church will seek independent
legal advice on whether to appeal a British Columbia Supreme Court ruling,
but it has already paid the share of damages requested by the plaintiff's
lawyer.
The judgment held the Government of Canada, the Anglican Diocese of
Cariboo, and the General Synod (the church's national body) jointly liable
for abuse which occurred in the early 1970s at a government-run residential
school in Lytton, BC.
Archdeacon Jim Boyles, the church's general secretary, said the amount
requested by the plaintiff's lawyer in that case has been delivered. "We
acknowledge the victim was harmed and deserves compensation," he said, "and
we don't want our disagreement with the federal government to delay his
just compensation any further."
Noting this is the first case involving the Anglican Church to come to
trial, Archdeacon Boyles said the judgment will be important in future
cases and the church must assess carefully whether it will appeal.
"We had expected that more responsibility would be assigned to the
government since it owned the school, funded its operation and was
primarily responsible for appointing the principal and staff," he said.
The judgment also takes "a rather confusing approach in lumping together
the General Synod and the Diocese of Cariboo as 'the church'," Archdeacon
Boyles said. "Failing to distinguish between them is like failing to
distinguish between the Government of Canada and the Government of British
Columbia, on the grounds that it's all 'the government'."
Archdeacon Boyles said an independent legal counsel will be retained to
review the judgment and advise on whether to pursue an appeal. Meanwhile,
the church has filed a notice of appeal within the 30-day time limit set by
the court. "Filing the notice preserves our ability to pursue an appeal
later if we decide to do so, but does not bind the church to actually
proceeding with an appeal," he said
-30-
For further information contact:
Archdeacon Jim Boyles,
General Secretary
416-924-9199 ext. 280
Doug Tindal,
Director of Information Resources,
416-924-9199
ext. 286;
905-335-8349 (residence)
or
Sam Carriere
Editor, Print Resources
416-924-9199
ext. 256
Links:
"Church share of judgment to be paid by national body, diocese of Cariboo
assesses its financial capacity" -- 1999-09-28 press release
<http://www.anglican.ca/news/ans/ans.html?ansItem=1999-09-28_a.ans>

"Court ruling clears way for settlement, church and Crown held jointly
liable" -- 1999-09-01 press release
<http://www.anglican.ca/news/ans/ans.html?ansItem=1999-09-01_a.ans>
"Church leader says court rulings could jeopardize church work" --
1999-06-17 press release
<http://www.anglican.ca/news/ans/ans.html?ansItem=1999-06-17_a.ans>
Residential Schools: Legacy and Response -- new section in national church
website (information, background and resources)
<http://www.anglican.ca/ministry/rs/>