(Calgary) The lawyer for a survivor of residential schools for indigenous children says a possible class action against the Catholic Church and one of its priests would be a solution of last resort so that the cause is finally resolved.
Me Maxime Faille mentioned that a Calgary judge had rejected a request from the Catholic Church to abandon the legal action. The next step for the lawyer will be to have the class action authorized by a judge.
The lawyer represents Sphenia Jones, a Haida elder who attended a residential school in Edmonton.
Me Faille says the goal is understanding, not money. “Sphenia is 80 years old. She doesn’t care about money for herself, M saide Flaw during an interview, from Vancouver. She wants to see healing happen, and this is an opportunity for healing and reconciliation. »
“But to achieve this, you need two willing partners. To me, (trial) is a last resort if the other side is not willing to come to the table. »
Mme Jones filed a motion last year alleging that Father Marcin Mironiuk made defamatory comments during a 2021 sermon at Our Lady Queen of Poland Parish in Edmonton, calling evidence of unmarked graves ” lies” and “manipulation”.
The motion says the comment was aimed at all survivors of residential schools who spoke openly about those who died at those institutions, including the discovery of graves on the grounds of the Kamloops residential school.
“It is precisely to this group that the defamatory statements were directed, characterizing them as liars and manipulators in an attempt to discredit them,” the motion states.
The allegations have not been heard in court.
The suit names Mr. Mironiuk, the Catholic Archdiocese of Edmonton and the Assumption Province of the Oblate Fathers as defendants.
The Archdiocese of Edmonton declined to comment, saying the matter was before the courts.
The Oblate fathers, in a statement last week, said they were contesting the lawsuit. They argued that Mr. Mironiuk did not intend to cause harm or ignore the “hurtful reality” of some people who attended residential schools.
“Father Mironiuk is personally committed to advancing truth and reconciliation with Indigenous Canadians and has become even more informed on the issue,” the statement read.
Mr. Mironiuk, who now lives in Ontario, is listed as an associate priest at St. Eugene de Mazenod Mission in Brampton. The mission did not respond to a request to confirm its presence.
Me Faille said her client talked a lot about her experience at the residential school, including witnessing the deaths and burials of her classmates.
He said residential school denial appears to be on the rise and the priest’s comments were hurtful.
“These comments were not directed at anyone in particular, but at those who are telling the truth about what happened,” he said. It’s not nice to be called a liar in the public sphere. »
Me Faille said the idea of a class defamation lawsuit is unusual and difficult, but there is law that supports it.
The class action secured a victory in Calgary court earlier this week, when a judge ruled it could move forward. Lawyers representing the archdiocese and the religious order had requested its annulment.
Law professor Tony Paisana said class action was simple.
“It’s unusual in the sense that these people don’t know each other and one has never interacted with the other. But it depends more on the nature of the crime than anything else,” said Mr. Paisana, an assistant professor of law at the University of British Columbia.
Paisana said that in defamation cases, a person can be sued for saying something even if they don’t know the people who were allegedly affected.
“It’s not like this is a class action for battery or sexual assault. It’s something you can do in the context of not knowing yourself,” he said.