Ecole Notre Dame School was said to be operated through common national and provincial policies and procedures. The claim said the defendants were negligent and breached fiduciary duties under the Constitution Act, resulting in enormous harm to the class. Defendants were Canada, Alberta, the Roman Catholic Diocese of Saint Paul, St. Louis Parish and Lakeland Roman Catholic Separate School District No. 150.
The abuse was alleged to include beating with rods and rulers, prolonged isolation for misbehaviour, public whippings and public hair cutting to shame and devalue Indigenous culture. Sexual abuse was said to be carried out by staff members and agents of the defendants.
“The Defendants failed to implement appropriate policies and procedures to prevent such harms, and, to the contrary, knowingly permitted its occurrence,” the statement of claim read.
It was further added that they failed to establish mechanisms by which class members could seek assistance or relief against staff members and failed to implement policies and procedures overseeing the staff members, which could have prevented abuse and stopped class members from being physically harmed and emotionally traumatized.
Damages sought were compensation for the students who attended the school during the class period or for their family members, punitive damages of $50 million, pecuniary damages of $50 million and exemplary damages. Also sought were declarations that defendants breached fiduciary duties and common law duties of care and violated Charter rights.
The school district in question, however, challenged the factual basis for the existence of Notre Dame Schools. The plaintiff claimed in supplemental documents that the class definition was reasonable.
“The existence of this school and its role in the systemic issues alleged has been demonstrated through substantial anecdotal evidence, which collectively constitute reliable data,” the document read.
The Attorney General of Canada had agreed to the certification of the class action. However, Alberta sought an order dismissing the application for certification.
The certification hearing was heard Sept. 23 and 24 in St. Paul, Alta., by Justice James Neilson, who has reserved his decision.
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