The proposed class action alleges that children placed in group homes suffered physical, sexual and psychological abuse that “was commonplace, condoned and, arguably, encouraged.”
From the 1950s to the 1990s, the Canadian government removed thousands of Indigenous children from their communities and placed them in group homes, residential schools, boarding homes and foster homes.
Canada has already settled class actions brought by individuals who were taken from their families under such policies and attended residential schools and day schools and those who were placed in boarding homes.
However, children placed in dorms, hostels and group homes under the Group Homes Program are not covered under settlements for students who attended residential schools or were placed in boarding homes, according to the statement of claim.
“[T]he Group Home Program furthered Canada’s policy of forcibly assimilating Indigenous peoples, and it systematically eradicated the culture, society, language, customs, traditions, practices and spirituality of the Plaintiffs and other Class Members,” the statement of claim reads.
It adds that one of the lead plaintiffs, Carol Smythe, suffered physical and verbal abuse at a group home and observed other students who also suffered physical and sexual abuse.
Another lead plaintiff, Toby Forest, who was placed in a children’s home for six years under the program, experienced physical abuse and attempted to escape the home and return to his family 11 times. Forest did not return to the children’s home after he made it home on his 11th attempt.
The lawsuit also alleges that all four lead plaintiffs also experienced profound disruption and disconnection from their families and communities as the homes, residences or hostels they were placed in did not support Indigenous language and culture.
The statement of claim noted that Canada established, implemented, administered and managed the Group Home Program and, therefore, had a duty to ensure the safety and well-being of the plaintiffs and other class members.
The lawsuit also claims that Canada had a duty to protect and preserve the plaintiffs’ and other class members’ identity, culture, language, heritage, religion, spirituality and traditions.
“At all material times, the Plaintiffs and other Class Members were particularly vulnerable and — being children taken away from their families, homes and Indigenous communities — needed protection. With respect to these Class Members, Canada assumed loco parentis responsibility for their care and supervision while they were part of the Group Home Program,” the statement of claim reads.
The plaintiffs are seeking damages from Canada for its alleged negligence and breach of fiduciary duty, as well as for the conduct, negligence and malfeasance of individuals who were Canada’s employees, agents and servants at the relevant times.
“The tragedy of Residential Schools, of Day Schools, of Boarding Homes and of the ’60s Scoop have all now been recognized and compensation has been paid. The Group Homes Program is another part of this story which needs to be addressed so that we can move forwards as a country in reconciliation,” said counsel for the plaintiffs, Toronto-based lawyer Douglas Lennox of Klein Lawyers LLP.
Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) said in a statement that Canada recently received the claim and is in the process of reviewing it to determine next steps.
“Canada has taken significant steps to resolve claims concerning historic harms committed against Indigenous children outside of the courts, whenever possible,” CIRNAC said.
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