wfn.org | Canadian Anglican leader calls government lawyers short-sighted

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

Government lawyers 'aggressive, short-sighted' in suits against churches,
Anglican leader says;
Residential schools claims need options for reconciliation

TORONTO, March 21, 2000 - The government is acting in a shortsighted and
counter-productive manner in its approach to residential schools lawsuits,
and its lawyers are behaving in an aggressive and uncoordinated fashion, a
senior bishop of the Anglican Church has charged.

Archbishop David Crawley, who chairs the church's residential schools
steering committee, said government lawyers, not native people, are likely
to force the church's General Synod, its national organization, into
bankruptcy. In fact, the government is the only party against the church in
seven out of eight suits now on the docket of the British Columbia Supreme
Court. This will make it vastly more difficult for the church to contribute
to long-term healing efforts, said Archbishop Crawley, the Metropolitan
(senior bishop) of British Columbia and the Yukon.

"On the one hand, the government says it wants us to be part of alternative
dispute resolution (ADR) processes," Archbishop Crawley said. "On the
other, their lawyers are suing everything in sight - even band councils.
They say they want healing, but their actions are dedicated mostly to
limiting their own liability through suing others."

Seven thousand former students of residential schools are suing the
Government of Canada asking compensation for cultural, physical and sexual
abuse in the schools. About a quarter of those cases involve the Anglican
Church of Canada, whose national mission body administered 24 schools under
contract to the government - but in many cases it is the government, not
the native plaintiff, who is suing the church.

In the only one of these cases to come to trial so far, the church and
government were found jointly liable for sexual abuse committed by a former
dormitory supervisor some 30 years ago. The supervisor, who was a federal
government employee, was convicted in criminal court and is now in jail.
Eight other victims of the same abuser have court hearings scheduled for
later this month. "But only one of these victims has chosen to press a suit
against the church," Archbishop Crawley said. "In the other seven cases,
the church is being sued by the government alone."

"It is this kind of government action that is most likely to force us to
bankruptcy," Archbishop Crawley said. "If that happens, we will not be able
to participate in ADR processes or to promote healing. It's a short-sighted
strategy on the government's part, because if they force us to bankruptcy,
they'll be left carrying the whole weight by themselves."

Archbishop Crawley said recent research with active Anglicans shows that
church members want to support healing efforts and are prepared to
contribute financially. And a nationwide poll indicates most Canadians
believe we all share a degree of collective responsibility for the
residential schools. In a recent Angus Reid poll conducted for three church
organizations (Anglican, Presbyterian and Roman Catholic), 60 percent
agreed "we are all responsible for helping Aboriginal Canadians who
suffered abuse as children within the residential schools."

"As a national body, with thousands of Aboriginal members, we have a
significant capacity to contribute substantially to reconciliation between
the First Nations and other Canadians," Archbishop Crawley said. "Instead,
we're heading for bankruptcy, fighting government claims against us."

Archbishop Crawley said representatives of church organizations involved in
litigation have pressed department of justice representatives repeatedly to
place a moratorium on its suits against the churches, particularly in areas
where there is an attempt to resolve matters through alternative processes.
He said the government has so far refused to consider any such measure.

"This leads to several ironic consequences," Archbishop Crawley said.

"First, we have been forced to spend an enormous amount on legal fees, far
more than we have yet contributed to the people who deserve compensation.

"Second, although the government appears to be driven by a desire to save
money, its approach is likely actually to increase its costs, not just in
legal fees but also in compensation." Archbishop Crawley said he believes
church members will make substantial contributions to healing efforts, if
they know the money will be used to help victims. "But if members feel
their donations are only going to pay legal fees, they'll choose to place
their charitable dollars somewhere else." Archbishop Crawley noted the
church's income is based entirely on voluntary contributions.

The third irony, Archbishop Crawley said, is that the church may have to
seek early bankruptcy protection as a way of channeling its dwindling
resources toward plaintiffs, rather than to the lawyers who represent them.
"That's not meant to be disrespectful of lawyers, but, as things stand,
legal fees have the first claim on any settlements we make. The plaintiffs
get only what's left over. After a relatively few cases we'll be bankrupt
and unable to respond to the just claims of other victims." Archbishop
Crawley points out at least one diocese is already very close to bankruptcy.

"If we turn our assets over to a bankruptcy trustee instead, the trustee
will be able to apportion the assets fairly, and the plaintiffs will get
their money first. We'll still be bankrupt, but at least our assets will
have helped those who most need it."

Better yet, Archbishop Crawley said, the government should sit down with
Aboriginal and church organizations and explore other approaches to
resolving the residential schools legacy. "Nobody we've talked to wants to
see Canada's churches crippled by this," Archbishop Crawley said, "not the
native people, not the Canadian public at large, not even the government."
In fact, the Angus Reid poll showed 80 percent of Canadians oppose forcing
churches into bankruptcy.

"One way or another, all the lawsuits will eventually be finished,"
Archbishop Crawley said, "but they won't bring us any closer to
reconciliation. Lawsuits can't do that. We have to find better options."

-30-

For further information contact:
Archbishop David Crawley
Metropolitan of British Columbia and the Yukon
Chair, Residential Schools Steering Committee
Anglican Church of Canada
250-762-3306

or

Doug Tindal,
Director of Information Resources,
416-924-9199  ext. 286;
905-335-8349 (residence)

or visit the residential schools section of the General Synod web site at:

www.anglican.ca/ministry/rs