Former students allegedly abused at school in Alberta seek certification of class-action lawsuit

September 25, 2024 Canuck

A Cold Lake, Alta., lawyer is seeking the certification of a class-action lawsuit on behalf of Indigenous students who allege they were abused at school.

The proposed class-action lawsuit relates to elementary and high school students who attended École Notre Dame in Bonnyville between 1966 and 1974.

The former students allege they were physically, psychologically and sexually abused at school.

In a statement of claim filed in 2019, Cynthia Iris Youngchief, the proposed representative plaintiff, recalled racism, name calling and being hit with a thick leather belt.

The students’ allegations, which were described in the statement of claim and have not been proven in court, include being whipped, having earlobes pulled, and being isolated for long periods as punishment for misbehaviour.

Youngchief is suing the provincial and federal governments, the Lakeland Roman Catholic Separate School Division and the Diocese of Saint-Paul.

According to her statement of claim, the federal government stopped running its Indian Day School on Kehewin Cree Nation in 1964 and the defendants began transporting children to and from school in the town of Bonnyville, about 240 kilometres northeast of Edmonton.

Leighton Grey of Grey Wowk Spencer said if the case is certified, there could be as many as 500 class members.

Grey said his clients want compensation for the harms they suffered but that is not the main reason why they have come forward.

“They’ve come forward because they think it’s important their stories be told and documented and be made part of the broader scope of Canadian history,” he said.

Justice James Neilson heard lawyers’ submissions during a certification hearing at the St. Paul Court of King’s Bench on Monday.

The federal government has consented to the certification and the Diocese of St. Paul is not taking a position.

The provincial government says it did not run the school and that doing so was the school board’s responsibility.

The province has argued the federal government funds education for Indigenous students and Alberta would not be an intermediary.

“I am not aware of the government of Canada having delegated to Alberta the authority for the schooling of Indigenous students who attended the École Notre Dame Schools between 1966 and 1974 or at any point in time,” Nathan Freed, the executive director of Alberta Education, said in an affidavit filed this summer.

A brick building has a sign that says "Lakeland Catholic Schools." — The Lakeland Roman Catholic Separate School Division is among the defendants in a proposed class-action lawsuit filed on behalf of Indigenous students. (Madeleine Cummings/CBC)

The Lakeland Roman Catholic Separate School Division is also opposing the certification in part. Lawyer Christina Wendel said during the certification hearing that the evidence of an École Notre Dame high school operating in Bonnyville during that time period was lacking.

Spokespeople for Alberta’s justice minister and the Diocese of St. Paul told CBC News they would not comment on the matter while it is before the courts.

CBC News contacted the federal government and the school division but has not yet received responses.

Justice Neilson has reserved his decision.

“People have been waiting for a fairly long time, so we’re very hopeful that we could achieve a settlement within the next year or so,” Grey said.

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