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Church and State Found Liable at AIRS

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Church and State Found Liable at AIRS I rYl I i ' I , a ;J': t' rIA pt r a,09 .NA,(12 r r o .7 ...__-- >txA HaShilth-SaCanadian Publications Mail Product Ha- Shilth -Sa Sales VOL. 25- NO. 9 - June 18, 1998 Nuu- chah -nulth for "Interesting News" Agreement No. 467510 Church and State Found Liable at AIRS United Church by David Wiwchar split over decision According to Randy Fred, some ~ e The organization most worried `dj people have found closure about Justice Brenner's findings, Is . because of Justice Donald o _. is of course, the United Church of . Brenner's indictment of the - Canada. Federal government and of - Having been found vicariously - United Church of Canada for ; el liable for the abuses at the Alberni their role in the Alberni Indian us 7 Indian Residential School, the School. r. United Church of Canada said Residential r _ I. .r But Fred, a plaintiff in the since legal proceedings are con- precedent- setting trial, admits t tinuing, they would not speak on 40- he's still a long way from ~ + . 4 e, the case itself, but in a faxed .! closure or forgiveness. statement wrote: "we repent our "The healing that has gone on role in the spiritual and cultural around our case has been amaz- Plaintiffs (1 -r) Randy Fred, Willie Blackwater, and Marlon Watts gather outside abuse inflicted upon First Nations ing," said Fred. "I hope a the Nanaimo Courthouse to discuss their case against the Alberni Indian over many generations." decision on fair compensation Residential School. Although this statement is not a blame between the federal will bring a sense of closure for the actions of convicted pedophile of legal apology, United Church of and the United myself, and the many other Arthur Henry Plint, but also government Canada moderator Bill Phipps to physical Church of Canada. people who were abused at alluded mental, and says in religious language, repent residential schools." sexual assaults suffered at the "The government and the church carries more meaning than apol- fighting," said Peter Eric Mack of Ucluelet feels good hands of other school officials. are still ogy. about Brenner's decision, but In his decision, Justice Brenner Grant, lawyer for many of the "We have said all along that we wrote as a plaintiffs. admits more healing is needed. that while employed will accept whatever responsibil- dormitory supervisor at the "Proportional liability, direct "The case helped a lot of people ity is defined by our role," said Residential liability, the liability of individu- to come forward," said Mack. Alberni Indian School, Phipps, who before being elected the loss language, "That has to continue. We have to Plint severely abused his position als and of to his position within the United and spirituality still have talk about our pain." as a parental figure, by calling culture, Church of Canada, was a practic- discussed." John Mayba, social worker at boys into his room to physically to be ing lawyer. said if this second stage of NTC's Central Health Services, and sexually molest them; some- Grant "We repented our role in the on the a telephone the case moves along smoothly, agrees Brenner's decision is a times pretext of residential schools, and we set up parents. plaintiffs could begin their dam- step in the right direction, but call from their a $700,000 healing fund con- has sent age suits in the new year. emphasises it is only one step of Justice Brenner's decision trolled by the First Nations mem- as Previously, Grant had estimated many still to be made. shock -waves across the country bers of our church, well before the other agencies worry about how damage settlements at anywhere f "It's a recognition in the wider litigation process began." from $100,000 to $600,000 per society that there will be a criminal actions by an employee The local United Church in Port or person. process which will result in can put their business organiza- Alberni has been critical of the not about money," said Fred. justice for the victims," said tion in jeopardy. "It's actions from their governing about healing. Money is just Mayba, who spends most of his Citing a number of other liability "It's body, and voted unanimously for vehicle towards the healing we time counselling residential cases across Canada, B.C. Su- a their local church to make a full seeking. And how do you put school survivors and their fami- preme Court Justice Donald are apology to the victims of the Brenner concluded in his report a dollar figure on the loss of lies. Alberni Indian Residential spirituality, language, culture, On June 4th, B.C. Supreme Court that: "both the Church and Canada School. involved with and family, and community unity?" Justice Donald Brenner brought were directly "They way they (the United 1 exerted effective control over the "It's a breakthrough, but the I down his decision, finding both Church of Canada) are handling in hasn't brought closure the federal government and the principal's activities the further- decision this case is inappropriate, and not for clients," said Peter Grant. United Church of Canada vicari- ance of their joint and several my conducive to healing," said Kathy , "It gives my clients a sense of ously liable for the atrocities objectives." Hogman, Minister of St Andrew's , The court has booked three weeks relief however, as they've said to suffered by students at the United Church in Port Alberni. in `finally we told someone Alberni Indian Residential August to hear arguments of me that "We're trying to get them to the about they believed us, School. direct liability, and percentage this,and held someone accountable. Continued... pg.3 The month -long case centered on and ' INSIDE POSTAGE PAID IN PORT ALBERNI, B.C. RETURN POSTAGE GUARANTEED If undeliverable, please return to: Treaty Planning ..., Page 3 Ha- Shilth -Sa, P.O. Box 1383, Port Alberni, B.C. V9Y 7M2 Hupacasath Land Selection Page 4 Tsow Tun Le Lum Celebrates Page 6 Graduation Celebration Page 12 NATIONAL LIBRARY OF. CANADA NEWSPAPERS DIVIS Haahuupayak Graduation Page 14 395 WELLINGTON STREET OTTAWA ONTARIO NEDC News Page 24 j K1 A 0N4 Stli0 I Ha- Shilth -Su, June I8, 1998 - e Page 3 Page 2 - Ha- Shilth -Sa -June 18, 1998 Church story Treaty Planning in Port Alberni from pg.1 by Denise Ambrose can be done. Richard Lucas requested the additional demand. placed on is continued June 810 session ornery onagers the on 8e- lhillh -ta newspaper & KLECOS The that anew deadline be see citing the and impacts NTC LETTERS planning opened with the singing of the delivered programs. Taylor pointed out published by the Nuu -chah- from its readers. All letters understand that they need to importance of this issue for all first HaShilthSe will include letters received Link opening nulth Tribal Council for their responsibility NCN song led by Jack and nations. that Treaty takes up a least 2514 of his must be signed by the writer and have the writes name, address & phone acknowledge Norma to the members of prayer by elder, Sam Johnson. Tom Happynnk reported on time While he is chairing the treaty distribution number on it. Names can be withheld by request. so that the healing can begin." (limy) Taylor, Chairman, reviewed the agenda behalf of the Jurisdiction and Governance planning meetings, he must appoint the fourteen material for clarity, brevity, meeting with We reserve the right to edit submitted Hogman will be which was adopted as amended. Mandate Working Group OliMWtil. Ile someone else to take care of his Nuu- chah -nulth First Nations letters dealing grammar and good taste. We will definitely not publish with church officials in September in Tom Happynook requested timer has the sane concern as the LA WMWG. responsibilities as Executive Director of as well as other interested tribal or personal disputes or Issues that are critical of Neu- chah -uulth hopes the wishes of her church the table fora presentation by the World documents being sent out to Nations NTC. Many personnel and other groups and individuals. of Whalers. It was decided that administrative issues have to be individuals or groups. will be heeded by the National Council seeking but responses are rarely & original work and this has Information All opinions expressed in letters to the editor are purely those of the the proper place for the presentation provided. Happynook displayed his postponed until his return newspaper is executive. contained in this policies the would beat the regular NTC meeting sense of humor while reviewing the direct impact on the day -to-day writer and willl not necessarily coincide with the views or of copyright and may not be which is scheduled for July Eft. we want operations of the NTC. Nuuchah -nulth Tribal Council or its member First Nations. Transportation paper, saying that a of reproduced without written It's a very painful Reports wee presented by the exclusive rights to space ship landing Taylor presented list permission from: following groups: Lands, Air and Waters pads in territories. George watts recommendations were experience for all of The will appoint our Nuu- chah -new Tribal Council Letter of Thanks A Special Thank you To Grateful for the Residential Mandate Working Group, Revenue and stressed the importanceorta ce of ins ring adopted. co-chairs us, going to take Fiscal Matters Working Group, Nature *ing of their members to chair the Treaty P.O. Boa 1383, Port Alberni, School Survivors Program it's NCN's role in terms of daision.m My Family Resources Mandate Working Group, and in the area of transportation.
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