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Court allows damages for residential school abuse
Monday, May 2, 2005

Canada's Supreme Court ruled on Friday that a Native man who suffered abuse at a government-sponsored residential school is entitled to damages.

The court held that the man, who was abused at age 14 by a pedophile on the Gordon First Nation in Saskatchewan, could recover some "pecuniary" damages, or lost earnings. The man was unable to find steady work and drifted into alcoholism as a result of being abused, the court said.

But the man, who is not identified by name, is not entitled all of his lost earnings because he spent part of his life in jail, a circumstance unrelated to the abuse or alcoholism, the court said. A trial judge who awarded the man $407,000 (Canadian) made "palpable and overriding errors" in setting that amount, the court said.

The court did not set an amount for damages and sent the case back for possible settlement.

Get the Story:
Supreme court boosts award for residential school victim (CBC 4/29)

Court Decision:
H.L. v. Canada (April 29, 2005)

Relevant Links:
Indian Residential Schools Resolution Department - http://www.irsr-rqpi.gc.ca/english

Related Stories:
Few Natives receive money for residential school abuse (4/25)
Fire destroys former Native residential school (03/22)
Bar association seeks payment for all Native students (02/23)
Native leaders blast plan to hire investigators (02/11)
Exhibit opens on Native residential schools (01/17)
Canadian court approves class action for school abuse (12/08)
AFN calls for $10K payment for every abuse victim (11/18)
Canada slow to compensate Native abuse victims (11/05)
Canada wants abuse victim to return settlement (09/17)
Canada has spent more on lawyers than abuse victims (02/23)
Abuse case settlement process called inadequate (01/22)
Charges laid in Indian school abuse case (04/24)
Canada limits Native abuse suits (11/21)
Canada moves to settle Native claims (11/12)
Church dropped from Native abuse suit (10/25)
Abuses of Natives ignited reaction (04/29)
School church abuse lawsuit dismissed (5/16)
Candidate hit for 'scalp' remark (11/21)
Churches worry about suits (11/2)
Churches to apologize for abuse (09/05)
Official: Churches must pay (07/07)
Elder completes walk (06/20)
Sale of church urged (06/12)
Reconciliation commission urged (06/06)
Lawsuits threaten church (06/02)
Abuse charges filed (First Nations 06/02)
Churches losing lawsuits (05/22)
Elders walk across Canada (5/9)
Children used as guinea pigs (04/26)

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