Lawyer Russell Rakes is spearheading what is being called the first-ever class-action suit against a residential school. The class-action suit is demanding $1.7 billion to compensate all the First Nations children who attended the Mohawk Residential School in Branford. Ont., between 1834 and 1970.
The suit says the children were physically, emotionally and sexually abused while at the school. The lawsuit is being laid against the Anglican Church of Canada, the Diocese of Huron and the federal government. At present over 600 former Native students have joined in the lawsuit and more are signing up at a rate of about 10 a day, according to Rakes. An estimated 100 to 150 Crees attended the school.
Rakes expects the court action to take three to five years, saying class-action lawsuits take “more work and more sweat” to make something this big move.
The suit recently received a boost when on October 27 of this year the United Church of Canada issued the strongest and plainest apology yet by any of the plaintiffs involved in other residential-school lawsuits. (The United Church is not a defendant in the Mohawk school case.)
“I am here to speak the words many people have wanted to hear for a long time. I apologize for the pain and suffering our church’s involvement in the residential-school system has caused,” said Reverend Bill Phipps on behalf of the United Church at a press conference in Toronto.
Previous statements by the government and churches had used words like “reconciliation,” “repentance” and “confession,” but none had
used the word “apologize” because of fear of increasing their liability in lawsuits.
Phipps said, “I offer you our most sincere apology. You did nothing wrong. You were and are the victims of evil acts that cannot under any circumstances be justified or excused.” Phipps went on to add the present generations have received many “blessings” from their ancestors, but must also accept their burdens.
The apology is good news to lawyer Russell Rakes. “It could send a message to the government and other churches that it’s time to start dealing with this. It definitely makes it easier to talk than when someone is denying responsibility. That just makes people take hard stances on both sides. I hope the United Church is signaling that this is the direction to go.”
Rakes said the Anglican Church has also issued an apology of sorts, but doesn’t clearly accept legal responsibility for any wrong-doing. Rakes wonders whether the church will admit to a “moral wrong” only to deny a legal wrong.
Rakes is working on another suit involving Shingwuk School in Sioux Saint Marie. He has 100 people signed up and is looking to talk to First Nations people who attended school there.
The federal government has admitted to settling 220 individual residential-school claims out of court, in which criminal convictions had already been obtained beforehand, and the issues of liability were beyond dispute.
Former students of either Shingwuk or Mohawk Residential School are encouraged to phone (519) 672-9330 and ask for Rachelle Bertz.
