Playing at the national stage
This presentation is the property of its rightful owner.
Sponsored Links
1 / 45

Playing At The National Stage PowerPoint PPT Presentation


  • 28 Views
  • Uploaded on
  • Presentation posted in: General

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

Download Presentation

Playing At The National Stage

An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -

Presentation Transcript


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


Playing at the national stage

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


Playing at the national stage

  • Blackwater

  • Canada’s “Secret” strategy memo


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.


Playing at the national stage

Canada’s Litigation Strategy


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.


Bernard class action

Bernard Class Action


Playing at the national stage

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

  • 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


Playing at the national stage

  • Blackwater

  • “Secret” strategy memo

  • Bernard Class Action

  • Cloud Class Action (Mohawk School) 1998


Cloud class action

Cloud Class Action

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

  • Canada and Church oppose certification: 2001


Playing at the national stage

  • Blackwater

  • “Secret” strategy memo

  • Bernard Class Action

  • Cloud Class Action

  • Baxter National Class Action 2000


Baxter national class action

Baxter National Class Action

  • 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


Playing at the national stage

  • Individual Lawsuits

  • 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

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

“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


Playing at the national stage

  • Blackwater

  • “Secret” strategy memo

  • Bernard Class Action

  • Cloud Class Action

  • Baxter National Class Action

  • A.D.R. projects


Playing at the national stage

  • Blackwater

  • “Secret” strategy memo

  • Bernard Class Action

  • Cloud Class Action

  • Baxter National Class Action

  • A.D.R. projects

  • Alberta Test Cases


Lawsuits continue

Lawsuits Continue

ADR Projects

Baxter

Cloud

Canada’s

“Apology”

Bernard


Cloud class action1

Cloud Class Action

  • 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

Canada appoints

federal negotiator

Former Supreme

Court of Canada

Justice, Honourable

Frank Iacobucci


May 2005 november 2005

May 2005 – November 2005

Traveling road show


May 2005 november 20051

May 2005 – November 2005

  • Canada

  • Churches

  • Counsel for

    Survivors

  • Assembly of

    First Nations


November 2005

November 2005

Agreement in Principle


2006 approval hearings

2006: Approval Hearings

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

National Class Action

settlement certified and approved


Settlement highlights

Settlement Highlights


Common experience payment

Common Experience Payment

  • 80,000 potential claimants

  • 2 Billion Dollar Fund

  • Expect average payment $24,000.00


Independent assessment process

Independent Assessment Process

Compensation for:

  • Physical abuse

  • Sexual abuse

  • Serious psychological abuse

  • Expect payments to total over 2 Billion Dollars


Truth and reconciliation

Truth and Reconciliation

$60 Million for Truth and Reconciliation Commission


Commemoration

Commemoration

$20 Million for events

and memorials


Healing

Healing

$125 Million to Aboriginal Healing Foundation


The largest class action settlement in canadian history

The largest class action settlement in Canadian history


The largest historical redress settlement in the world

The largest historical redress settlement in the world?


The keys to success

The Keys to Success


The keys to success1

The Keys to Success

Financing


The keys to success2

The Keys to Success

Teamwork


The keys to success3

The Keys to Success

Cooperation


The keys to success4

The Keys to Success

Dispute Resolution


The keys to success5

The Keys to Success

Managing Resources


The keys to success6

The Keys to Success

Co-Counsel Agreement


Good luck

Good Luck!


  • Login