Newfoundland Residential Schools


Overview

This class proceeding concerns allegations of sexual and physical abuse at five Indian Residential Schools (“IRS”) located in Newfoundland and Labrador.

Five separate actions were commenced alleging that former residents of five IRS in Newfoundland and Labrador, operated by the Canadian Government, were neglected, sexually and physically abused, and were subject to the systematic destruction of their cultural and family relationships.

It is alleged that the sole defendant in these actions, the Canadian Government, had the full responsibility for these residents after Newfoundland and Labrador joined the Confederation on March 31, 1949.

The class of persons this proceeding seeks to represent, which is specifically detailed in the Statements of Claims below, is generally all persons who attended one of the five listed IRS in Newfoundland and Labrador from 1949 to 1996 and their relatives.

The five schools in issue are:

(a) The Lockwood School, located in Cartwright, Newfoundland and Labrador;

(b) The Nain Boarding School, located in Nain, Newfoundland and Labrador;

(c) The St. Anthony Orphanage and Boarding School, located in St. Anthony, Newfoundland and Labrador;
 
(d) The Makkovik Boarding School, located in Makkovik, Newfoundland and Labrador; and

(e) The Yale School, located in Northwest River, Newfoundland and Labrador.

Given the similarities between the five actions, they will be case-managed and will proceed together.

Active



Latest Developments

July 2, 2010The Defendant is seeking leave to appeal the certification decision of the Honourable Mr. Justice Fowler dated June 7, 2010. The Defendant's motion for leave to appeal is expected to be heard in October/November 2010.
June 7, 2010In reasons released today, the Honourable Justice Robert A. Fowler of the Supreme Court of Newfoundland and Labrador (Trial Division) held that the actions met all requirements for a class action under the Newfoundland Class Actions Act. The Honourable Justice Fowler certified all five actions to proceed as class actions.

A press release entitled "Newfoundland Court Gives Go Ahead to Five Class Actions Related to Residential Schools in Newfoundland and Labrador" was released to all media on June 7, 2010. The release can be accessed through the "News Releases and Reports" link to the right of this page.

Important Note: This website is intended to provide general information only. Despite our best efforts, it is not always completely up to date and should not be relied upon to make important legal decisions. This website does not offer legal advice and is not designed to answer questions about your individual situation or entitlement. It does not eliminate the need to obtain independent legal advice. Communications through this website will not be treated as private, privileged or confidential. It does not create a solicitor-client, fiduciary or other relationship. Whether you are a class member or not in a particular class action or not depends upon the court order made in that particular case. This website will be updated from time to time with information as it becomes available.