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Playing At The National Stage. Pitfalls & Success. JOHN A. McKIGGAN Arnold Pizzo McKiggan 306 - 5670 Spring Garden Road Halifax, Nova Scotia B3J 1H6. A Brief History of Canada’s Indian Residential School Litigation. Individual Lawsuits. 1995 fewer than 12 claims filed

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Playing at the national stage
Playing At The National Stage

Pitfalls & Success

JOHN A. McKIGGAN

Arnold Pizzo McKiggan

306 - 5670 Spring Garden Road

Halifax, Nova Scotia B3J 1H6


A Brief History of Canada’s Indian

Residential School Litigation


Individual lawsuits
Individual Lawsuits

  • 1995 fewer than 12 claims filed

  • By 2005 over 12,000 claims filed

  • 90% alleged physical abuse

  • 60% alleged sexual abuse

  • Canada denies liability: Pleads limitation defences


Individual lawsuits1
Individual Lawsuits

Blackwater claim filed 1995


Blackwater
Blackwater

  • B.C. Trial decision: Canada 75% Churches 25%

  • B.C. Court of Appeal: Canada 100% responsible (vicarious liability)

  • Supreme Court of Canada: Affirms 75/25 split



Secret strategy memo
“Secret” strategy memo

At least until an adverse judicial decision is made, a litigation approach may well keep the number of claimants down to a minimum.



Secret strategy memo1
“Secret” strategy memo

The issue has been raised as to the possibility of a great number of former residential school students launching a massive class action against the Crown…it is unlikely that such an application would be successful.



This is also the first time the Department of Indian Affairs has faced a class action lawsuit by former students of a residential school…


Bernard class action1
Bernard Class Action has faced a class action lawsuit by former students of a residential school…

  • Nora Bernard files Class Action for all former Shubenacadie school students

  • Claims loss of language and culture for all students

  • Canada unsuccessfully attempts to strike claim as class action

  • Bernard claim joins Baxter National Class Action 2002


  • Blackwater has faced a class action lawsuit by former students of a residential school…

  • “Secret” strategy memo

  • Bernard Class Action

  • Cloud Class Action (Mohawk School) 1998


Cloud class action
Cloud Class Action has faced a class action lawsuit by former students of a residential school…

  • Claim on behalf of all survivors of Mohawk Institute and their families

  • Canada and Church oppose certification: 2001


  • Blackwater has faced a class action lawsuit by former students of a residential school…

  • “Secret” strategy memo

  • Bernard Class Action

  • Cloud Class Action

  • Baxter National Class Action 2000


Baxter national class action
Baxter National Class Action has faced a class action lawsuit by former students of a residential school…

  • Claim for all students who attended a Residential School in Canada since 1920

  • Claims on behalf of parents and children of survivors

  • Loss of language and culture, emotional, psychological, physical and sexual abuse

  • Canada files 81 third party claims against religious organizations - significant delay


  • Individual Lawsuits has faced a class action lawsuit by former students of a residential school…

  • Blackwater

  • R.C.A.P.

  • “Secret” strategy memo

  • Bernard Class Action

  • “Statement of Reconciliation”

  • Cloud Class Action

  • Baxter National Class Action

  • Canada starts A.D.R. projects: 2003


A d r projects
A.D.R. Projects has faced a class action lawsuit by former students of a residential school…

Government study concludes:

“Arguments against certification will be strengthened by the establishment of an A.D.R. model that is a ‘preferable procedure’ to class proceedings. In this regard, creating a model that is more ‘preferable’ to class proceedings should be an overarching consideration in the building of the model.”


Court of appeal critical of adr
Court of Appeal Critical of ADR has faced a class action lawsuit by former students of a residential school…

“It is a system unilaterally created by one of the respondents in this action and could be unilaterally dismantled without the consent of the appellants. It deals only with physical and sexual abuse. It caps the amount of possible recovery…it does not compare favourably with a common trial.”

Cloud:Ontario Court of Appeal


  • Blackwater has faced a class action lawsuit by former students of a residential school…

  • “Secret” strategy memo

  • Bernard Class Action

  • Cloud Class Action

  • Baxter National Class Action

  • A.D.R. projects


  • Blackwater has faced a class action lawsuit by former students of a residential school…

  • “Secret” strategy memo

  • Bernard Class Action

  • Cloud Class Action

  • Baxter National Class Action

  • A.D.R. projects

  • Alberta Test Cases


Lawsuits continue
Lawsuits Continue has faced a class action lawsuit by former students of a residential school…

ADR Projects

Baxter

Cloud

Canada’s

“Apology”

Bernard


Cloud class action1
Cloud Class Action has faced a class action lawsuit by former students of a residential school…

  • Ontario Court of Appeal certifies Cloud Class Action: 2004

  • Canada’s leave to appeal to S.C.C. denied May 2005


May 30 2005
May 30, 2005 has faced a class action lawsuit by former students of a residential school…

Canada appoints

federal negotiator

Former Supreme

Court of Canada

Justice, Honourable

Frank Iacobucci


May 2005 november 2005
May 2005 – has faced a class action lawsuit by former students of a residential school…November 2005

Traveling road show


May 2005 november 20051
May 2005 – has faced a class action lawsuit by former students of a residential school…November 2005

  • Canada

  • Churches

  • Counsel for

    Survivors

  • Assembly of

    First Nations


November 2005
November 2005 has faced a class action lawsuit by former students of a residential school…

Agreement in Principle


2006 approval hearings
2006: Approval Hearings has faced a class action lawsuit by former students of a residential school…

Baxter v. Canada. 2006 OJ 4968;

Quatell v. Canada. 2006 BCJ 3231;

Kuptana v. Canada (Attorney General) 2007 NWTJ 1;

Ammaq v. Canada, 2006 Nu. J. No. 26;

Semple v. Attorney General of Canada 2006 MBQB 285;

Bosum v. Attorney General of Canada 2006 QCCS 5794;

Sparvier v. Attorney General of Canada 2006 SKQB 533;

Northwest v. Canada (Attorney General) 2006 ABQB 902;

Fontaine v. Canada. 2006 YKSC 63


December 2006
December 2006 has faced a class action lawsuit by former students of a residential school…

National Class Action

settlement certified and approved


Settlement highlights
Settlement Highlights has faced a class action lawsuit by former students of a residential school…


Common experience payment
Common Experience Payment has faced a class action lawsuit by former students of a residential school…

  • 80,000 potential claimants

  • 2 Billion Dollar Fund

  • Expect average payment $24,000.00


Independent assessment process
Independent Assessment Process has faced a class action lawsuit by former students of a residential school…

Compensation for:

  • Physical abuse

  • Sexual abuse

  • Serious psychological abuse

  • Expect payments to total over 2 Billion Dollars


Truth and reconciliation
Truth and Reconciliation has faced a class action lawsuit by former students of a residential school…

$60 Million for Truth and Reconciliation Commission


Commemoration
Commemoration has faced a class action lawsuit by former students of a residential school…

$20 Million for events

and memorials


Healing
Healing has faced a class action lawsuit by former students of a residential school…

$125 Million to Aboriginal Healing Foundation


The largest class action settlement in canadian history
The largest class action settlement in Canadian history has faced a class action lawsuit by former students of a residential school…


The largest historical redress settlement in the world
The largest historical redress settlement in the world? has faced a class action lawsuit by former students of a residential school…


The keys to success
The Keys to Success has faced a class action lawsuit by former students of a residential school…


The keys to success1
The Keys to Success has faced a class action lawsuit by former students of a residential school…

Financing


The keys to success2
The Keys to Success has faced a class action lawsuit by former students of a residential school…

Teamwork


The keys to success3
The Keys to Success has faced a class action lawsuit by former students of a residential school…

Cooperation


The keys to success4
The Keys to Success has faced a class action lawsuit by former students of a residential school…

Dispute Resolution


The keys to success5
The Keys to Success has faced a class action lawsuit by former students of a residential school…

Managing Resources


The keys to success6
The Keys to Success has faced a class action lawsuit by former students of a residential school…

Co-Counsel Agreement


Good luck
Good Luck! has faced a class action lawsuit by former students of a residential school…


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