Proposed class-action alleges abuse, cultural devastation at Indigenous group homes in Canada

A proposedclass-actionlawsuit against theCanadiangovernment saysIndigenouschildren removed from their communities and placed ingrouphomesbeginning in the 1950s suffered physical, sexual and psychologicalabusethat "was commonplace, condoned and, arguably, encouraged."

The Federal Court lawsuit filed this month in Vancouver says children across the country were forcibly removed from theirhomesand taken "to live with strangers sometimes hundreds of kilometres from their families and Indigenous communities."

Lawyer Doug Lennox said the lawsuit seeks compensation for those harmed by the country's historic policy of assimilation.

"There have been a variety of forms in which this policy has been implemented," he said. "Most notably with residential schools, but in other areas as well, such as day schools, such as the Sixties Scoop, such as boardinghomes."

From the 1950s until the 1990s, theCanadiangovernment forced many First Nations, Inuit and Mtis children intogrouphomes, and those taken from their families under the program haven't been covered by legal settlements involving residential schools, day schools and boardinghomes, Lennox said.

"We got calls fromIndigenouspeople asking, 'well, where do I fit in? My experience was similar, but I wasn't in a day school, I wasn't in a boarding home. I was in agrouphome," he said.

"This is agroupthat has unfortunately been missed up to now, but I think that mistake can be corrected reasonably and fairly and hopefully soon."

The group home program

Canada'sgrouphome program ran into the 1990s, and involved takingFirst Nations, Inuit and Mtis children from their families and placing them into dorms, hostels andgrouphomes that were"distinct" from fosterhomesand residential schools.

Theclass-actionsays the program was part of Canada's "policy of forcibly assimilatingIndigenouspeoples," leading to the systematic eradication of "the culture, society, language, customs, traditions, practices and spirituality of the plaintiffs and otherclassmembers."

Some of thehomeswere operated by church groups and others were staffed by theCanadiangovernment. They didn't supportIndigenouslanguages andculturalpractices, causing those who lived in thehomesto experience "profound disruption and disconnection" from their families and communities.

The lawsuit asks for unspecified damages against theCanadiangovernment for breach of fiduciary duties and negligence.

No response has been filed to the lawsuit and the allegations remain unproven and untested in court.

A statement from Crown-IndigenousRelations and Northern Affairs Canada said "Canada has taken significant steps to resolve claims concerning historic harms committed againstIndigenouschildren outside of the courts, whenever possible."

"Canada recently received the claim and is in the process of reviewing it to determine next steps."

4 lead plaintiffs

The case has four lead plaintiffs, including Carol Smythe, a member of the Nisga'a First Nation in British Columbia, who claims she was placed in agrouphome in 1977 when she was 13 in Aiyansh, B.C.

Sheallegesshe was verbally and physically abusedatthe home, and witnessed other children being physically and sexually abused.

"The entire experience was terrifying for her," the lawsuit says.

Another B.C.-based plaintiff, Reginald Mueller, a member of the Tsqscen First Nation, claims he was taken from his community when he was 10 in 1969 to stay in hostels that "did not supportIndigenouslanguage and culture."

Plaintiff Donna Kennedy, a member of the Garden Hill First Nation in Manitoba,allegesshe was 13 when she was removed from her home in 1966 and taken to a dormitory operated by the United Church of Canada for four years.

Plaintiff Toby Forest, of the Lac La Ronge First Nation in Saskatchewan, claims theCanadiangovernment removed him from his community in 1968 when he was seven, and took him to the Timber Bay Children's Home.

The home had a dormitory run by a religiousgroupthat was contracted by theCanadiangovernment as part of thegrouphome program, where Forestallegeshe was physically abused.

"He tried to escape from the home, and to return to his family 11 times," the lawsuit says. "On his 11th attempt, he made it back to his parents in Sucker River, Saskatchewan. He did not go back to Timber Bay Children's Home after that."

"Canada had detailed knowledge of the breach of Aboriginal and treaty rights and the widespread psychological, emotional, sexual andculturalabuses of the plaintiffs and otherclassmembers," the lawsuit says.

"Despite this knowledge, Canada did nothing to remedy the situation and continued to administer thegrouphome program, thus continuing to permit the perpetration of grievous harm to the plaintiffs and otherclassmembers."

Lennox said the lawsuit is about recognizing this "further form of harm" on Indigenous Peoplesthat has gone uncompensated,"and trying to rectify that harm, trying to right this sad chapter of our history and to further goals of reconciliation in our country."