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Door Wide-Open for More Residential School Lawsuits

Author: Tanis Fiss 2003/03/30
VICTORIA: The Canadian Taxpayers Federation's (CTF) Centre for Aboriginal Policy Change (the Centre) reacted today to the Ontario Court of Appeals ruling that allows the children of residential school students to sue over loss of rights, language, culture and way of life.

"This ruling sets a dangerous precedent by mandating the law's responsibility to recognize the right to sue for an individual who is not yet born, or even conceived, at the time of an alleged wrong doing," explained Tanis Fiss, the Centre's director. "Since the ruling applies to the children and possibly the grandchildren of residential school attendees, the lawsuits could take decades to make their way through the courts costing taxpayers untold billions," said Fiss.

Since the spring of 1998 the federal government has created a number of federal programs to make amends for the Indian residential school program. Three noteworthy programs are the Aboriginal Healing Foundation, Aboriginal language and cultural programs and the Indian Resolution Framework.

"In 1998 the federal government established the $350 million Aboriginal Healing Foundation to promote healing within the Aboriginal community," stated Fiss. "The Department of Canadian Heritage and Department of Indian Affairs currently spend $30 million each year on programs and projects designed to support Aboriginal language and culture. An additional $172 million over 10 years for Aboriginal language and culture was announced December 2002," Fiss continued.

Last December the federal government established the Resolution Framework for residential schools claims to resolve Indian residential schools claims outside of court. As part of this program claimants must waive any right to sue.

"The ruling by the Ontario Court of Appeal puts the newly formed $1.7 billion Indian resolution framework in jeopardy. The Centre is calling upon the federal government to appeal this ruling to the Supreme Court of Canada," concluded Fiss.

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