Whitehorse Daily Star

Suit claims abuses at former school

A member of Teslin Tlingit First Nation is bringing the Anglican Church and the federal government to court for sexual, mental and physical abuse he says he suffered at a former residential school in Carcross.

By Whitehorse Star on August 23, 2005

A member of Teslin Tlingit First Nation is bringing the Anglican Church and the federal government to court for sexual, mental and physical abuse he says he suffered at a former residential school in Carcross.

The school was run by the Anglican Church, specifically the Diocese of the Yukon, under contract from the federal government.

The student was emotionally, mentally, physically and sexually abused by staff and clergy who were there to 'care for and educate' the native children placed at the Carcross school, he alleges.

There is currently at least one other suit filed in the Yukon Supreme Court against the Anglican Church and the Government of Canada for alleged abuse at the residential school in Carcross.

The other suit claims the plaintiff was forced to do unpaid work, which 'amounts to slave labour.'

This suit does not name labour without pay; however, the plaintiff in this case says he was sexually assaulted throughout his time at the school.

'The plaintiff was also repeatedly sexually assaulted by the staff and other students at the residential school,' the recently-filed suit says. '(He was) regularly raped in the bathroom at the residential school.'

A blanket would be thrown over the student's head and he would be dragged into the bathroom, where more than one person would rape him, according to documents filed for the suit.

'He was raped by several persons during each rape,' the suit says.

One time, he sought help from a pastor in the face of the abuse, documents say. The pastor hugged the student and told him to reach into his pocket for a candy. The plaintiff says he could feel the pastor's erect penis.

As well as suffering sexual assault, the plaintiff says he was beaten with the strap and pieces of wood, kicked, forced to perform painful physical acts and humiliated and denigrated for his native heritage.

'His native culture and heritage was disparaged, and he was mentally, emotionally, physically and sexually harassed and humiliated when he attempted to practice his religion or any of his native customs, speak his native language, behave in a traditional native manner or contact his extended native family,' documents say.

Part of a federal policy to eradicate native identity and culture, the suit says, the plaintiff was removed from his home as a child, as were thousands of first nations children over the many years that residential schools were run across Canada.

'The minister (of Indian Affairs and Northern Development) had a policy of removing Indian children from their homes at a young and tender age and placing them in residential schools away from their own cultures, for the purpose of suppressing their native cultures, languages, religions and customs,' the suit says.

Because of this policy, the federal government and the Anglican Church took on the fiduciary duty to care for the plaintiff, the suit says.

This means that Canada and the Anglican Church became the guardians of the child once they removed him from his home.

They are being sued because they failed to protect him from the abuse, failed to respond to his complaints of abuse and failed to provide supervision and direction over the staff and clergy who were abusing the plaintiff.

The suit says the results of the abuse were further aggravated by the fact that the child was removed, without reasonable justification, from his family and community.

Living in the abusive environment in inhumane conditions, the student also suffered from malnutrition, the suit states.

The lifelong effects of the abuse are many, according to the case. They include alcohol and drug abuse, post-traumatic stress syndrome, suicidal tendencies, anti-social behaviour like criminal acts, sexual deviance and violence, and an inability to form healthy relationships with other people.

The plaintiff is asking the court for damages.

The federal government, with the Catholic, Anglican, United and Presbyterian Churches, have been dealing with thousand of abuse cases from the fallout of residential schools over the past few years.

While the last residential school closed in 1996, they existed for more than 100 years, with the first school opening in 1874.

Most of the schools were run jointly between the federal government and a Christian church, according to the Indian Residential Schools Resolution (IRSR) website, which says that more than 1,000 claims of childhood physical and sexual abuse have been settled.

Some 86,000 former residential school students are still alive today.

However, it's difficult to say how many of them were abused, according to the IRSR, the federal department created to resolve residential schools issues.

This case, as well as the other Carcross case, will both be heard in Yukon Supreme Court.

Abuse cases can be resolved outside of court through an alternative dispute resolution program.

The former Carcross Residential School was abandoned for many years and subsequently demolished in the 1980s.

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