Latest News Updates

June 9, 2010

Judicial Review
 
Our human rights case has been interrupted because the BC Ministry of Attorney General has appealed a preliminary decision rendered by the BC Human Rights Tribunal. That appeal (also called a judicial review) has been set for a two day hearing on July 27 & 28, 2010. The judicial review itself is not a re-hearing of the questions that were before the Tribunal when our lawyer Judith brought the application to have four jurisdictional questions pre-determined. Rather, the judicial review is simply an assessment of whether or not the Tribunal did its job right when it rendered the preliminary decision. After the judicial review hearing, it will be a few months before we get a decision from the Court, it is common for judges to take between 1-4 months to render a decision in a judicial review. If we lose the judicial review, the Court may ask the Tribunal to reconsider its preliminary decision or the Court may dismiss our complaint. If we win the judicial review, we can get back to pursuing and preparing for a hearing of our complaint before the BC Human Rights Tribunal.
  
Privilege.
NDS lawyer and BC Ministry of Attorney General use privilege to protect/restrict distribution of information.
 
In any piece of litigation, the parties are obliged to disclose any and all documents in their possession or control relevant to the issues in dispute. Absent the law of privilege, "all relevant documents" would include communications between a solicitor and client about the case and or documents created for the dominant purpose of advancing one party's position in the litigation. The doctrine (and law) of privilege protects solicitor and client communications and documents created for the purposes of litigation from the usual requirements of production. Documents to which privilege attaches do not need to be disclosed to the opposing party in litigation, however relevant they may be.
 
Privilege can be waived by expressly advising of an intention to waive privilege or it can be waived impliedly through a party's actions. Privilege exists to ensure the people can receive frank legal advice without fear that such advice will be used against them. It is designed to protect the solicitor and client relationship and presumes that all communications originating within that relationship are intended to be confidential (i.e. are not to be shared with other people). If either the solicitor or the client shares those communications with other people, the law considers the privilege protecting those communications to have been waived. If privilege is waived - either expressly or impliedly - this protection may be lost and parties may be required to produce some of their documents and communications.
 

March 5, 2010

Two years ago and still waiting.......

 


Residential school healing funding ends, March 5, 2010

 


April 29, 2009

Pope says he's sorry for abuse at church-run native Canadian schools

 


The Apology

Prime Minister Stephen Harper's statement of apology to survivors of Indian Residential Schools

Last Updated: Wednesday, June 11, 2008 | 3:37 PM ET

CBC News

Here are excerpts from the text of Prime Minister Stephen Harper's statement of apology on Wednesday, as released by the Prime Minister's Office. French sections, which repeat the English text, have been excluded:

Mr. Speaker, I stand before you today to offer an apology to former students of Indian residential schools. The treatment of children in Indian residential schools is a sad chapter in our history.

In the 1870's, the federal government, partly in order to meet its obligation to educate aboriginal children, began to play a role in the development and administration of these schools.

Two primary objectives of the residential schools system were to remove and isolate children from the influence of their homes, families, traditions and cultures, and to assimilate them into the dominant culture.

These objectives were based on the assumption aboriginal cultures and spiritual beliefs were inferior and unequal.

Indeed, some sought, as it was infamously said, "to kill the Indian in the child."

Today, we recognize that this policy of assimilation was wrong, has caused great harm, and has no place in our country.

Most schools were operated as "joint ventures" with Anglican, Catholic, Presbyterian or United churches.

The government of Canada built an educational system in which very young children were often forcibly removed from their homes, often taken far from their communities.

Many were inadequately fed, clothed and housed.

All were deprived of the care and nurturing of their parents, grandparents and communities.

First Nations, Inuit and Métis languages and cultural practices were prohibited in these schools.

Tragically, some of these children died while attending residential schools and others never returned home.

The government now recognizes that the consequences of the Indian residential schools policy were profoundly negative and that this policy has had a lasting and damaging impact on aboriginal culture, heritage and language.

While some former students have spoken positively about their experiences at residential schools, these stories are far overshadowed by tragic accounts of the emotional, physical and sexual abuse and neglect of helpless children, and their separation from powerless families and communities.

The legacy of Indian residential schools has contributed to social problems that continue to exist in many communities today. It has taken extraordinary courage for the thousands of survivors that have come forward to speak publicly about the abuse they suffered.

It is a testament to their resilience as individuals and to the strength of their cultures.

Regrettably, many former students are not with us today and died never having received a full apology from the government of Canada.

The government recognizes that the absence of an apology has been an impediment to healing and reconciliation.

Therefore, on behalf of the government of Canada and all Canadians, I stand before you, in this chamber so central to our life as a country, to apologize to aboriginal peoples for Canada's role in the Indian residential schools system.

To the approximately 80,000 living former students, and all family members and communities, the government of Canada now recognizes that it was wrong to forcibly remove children from their homes and we apologize for having done this.

We now recognize that it was wrong to separate children from rich and vibrant cultures and traditions, that it created a void in many lives and communities, and we apologize for having done this.

We now recognize that, in separating children from their families, we undermined the ability of many to adequately parent their own children and sowed the seeds for generations to follow, and we apologize for having done this.

We now recognize that, far too often, these institutions gave rise to abuse or neglect and were inadequately controlled, and we apologize for failing to protect you.

Not only did you suffer these abuses as children, but as you became parents, you were powerless to protect your own children from suffering the same experience, and for this we are sorry.

The burden of this experience has been on your shoulders for far too long.

The burden is properly ours as a government, and as a country.

There is no place in Canada for the attitudes that inspired the Indian residential schools system to ever again prevail.

You have been working on recovering from this experience for a long time and in a very real sense, we are now joining you on this journey.

The government of Canada sincerely apologizes and asks the forgiveness of the aboriginal peoples of this country for failing them so profoundly.

We are sorry.

In moving towards healing, reconciliation and resolution of the sad legacy of Indian residential schools, implementation of the Indian Residential Schools Settlement agreement began on September 19, 2007.

Years of work by survivors, communities, and aboriginal organizations culminated in an agreement that gives us a new beginning and an opportunity to move forward together in partnership.

A cornerstone of the settlement agreement is the Indian Residential Schools Truth and Reconciliation Commission.

This commission presents a unique opportunity to educate all Canadians on the Indian residential schools system.

It will be a positive step in forging a new relationship between aboriginal peoples and other Canadians, a relationship based on the knowledge of our shared history, a respect for each other and a desire to move forward together with a renewed understanding that strong families, strong communities and vibrant cultures and traditions will contribute to a stronger Canada for all of us.

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At Last, An End To Waiting

PM's historic apology

 

Canada to apologize to natives for century of abusesJune 10, 2008 

http://ca.news.yahoo.com/s/afp/080610/canada/canada_native_school_politics_history

 

GRIEF OF MOTHERS WHOSE CHILDREN WERE TAKEN AWAY!

Inside the polygamist 'underage sex cult': Pictures show the grief of mothers who had their children taken away

Many New Denver Survivors feel very re-victimized by these actions! Once again, we re-experience the pain and trauma of more than 50 years ago!

Will the Government's of the World never learn?

We, the New Denver Survivors, do not make judgements about the practice of polygamy but vehemently question using innocent children who are then destroyed for the rest of their lives. A young child raised by strangers makes for a dysfunctional adult who cannot find healing within themselves and whose way of life has been destroyed forever. We have been in those shoes and know the outcome for these children. They are being 'rescued' so that further abuse can take place without any protection from their Mothers. We know...it happened to us!

Why must Governments abuse children for political expediency?

 

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B.C. HUMAN RIGHTS TRIBUNAL DECISION, MARCH 2008

After waiting a year and a half, we have won the right to have our 'day in court' and now more work begins....

 
Look for Swetlishoff obo New Denver Survivors (20 pages).