Gordon launches countersuit against Ottawa

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Gordon First Nation is countersuing the federal government after being named as a third- party defendant in three abuse lawsuits launched by former Gordon Residential School students.

The band is asking for general, specific, punitive and exemplary damages for being dragged into the Gordon Residential School lawsuit, calling the Crown's actions "reprehensible, scandalous and outrageous."

It claims the government's allegations have caused many individuals and the community as a whole to regress in dealing with the sexual, physical and emotional abuse that occurred in the 1970s and 1980s, causing them mental anguish and distress.

In August, the Court of Queen's Bench ruled against Gordon's bid to have the First Nation dropped as a defendant in one of the residential school lawsuits. The four former residents in the three lawsuits allege they were abused in the 1980s while they lived in the Crown-operated school near Punnichy.

"What concerns me is first the federal statement of conciliation with First Nations and now what has happened," said Chief Bryan McNabb.

Last year the federal government officially expressed its "profound regret" for past actions that harmed Aboriginal people.

"Without our knowledge they go ahead and name us as a third party. It's really hard to deal with when they say something and do something else. This destroys the trust relationship that's supposed to be there."

The band hopes to meet with federal government officials during the next few weeks in order to try to avert an expensive, lengthy court case.

"We're not guilty of the allegations by the federal government," said McNabb. "The advisory board that was in place never had the authority to hire, fire or to be in any kind of control. We're not responsible for what happened there. It makes us look like we were responsible for the sexual and physical abuse."

Lynne Boyer, a spokesperson for the Indian and Northern Affairs Department in Ottawa, doesn't rule out naming the band as a third party in other lawsuits.

"Ultimately we have to be concerned about the victims here," said Boyer.

Defendants are named as third party to a lawsuit if the plaintiffs believe other parties should be brought in because they might have hard documentation. There might be a view as to liability of a certain party, said Boyer.

"We did it because Gordon had an advisory council that was mainly responsible for administering the institute from about 1975 to its closure," said Boyer.

However, the government prefers to settle as much as it can outside of litigation, an option that's been used by some provinces, church groups and First Nations, adds Boyer. That option is open to Gordon First Nation, she said.

Last year the government acknowledged its role in the creation of residential schools in its statement of reconciliation. As part of its reconciliation statement it gave the Aboriginal Healing Foundation $350 million to help First Nations people deal with the legacy of abuse in residential schools.

Gordon First Nation, located 170 km north of Regina, expects the federal government will be naming it as a third party in additional lawsuits, making it potentially liable for significant financial damages.

McNabb said the band is in a deficit position and has no funds to support the litigation or any damages that may arise from the court case.

"It's just a matter of time before we become bankrupt here if it does happen," said McNabb.

To date, there have been 623 separate lawsuits launched by former students at Gordon Residential School against the federal government. It's estimated that about 200 of those have resulted in out-of-court settlements ranging from $25,000 to $150,000. In December, the Saskatoon Star-Phoenix reported that abuse victims have already been paid out more than $3 million in out-of-court settlements.

Only two lawsuits that have gone to court have been settled, both in favor of the complainant.

In November, Ottawa was found liable for the sexual abus of an unidentified Saskatchewan man. The 28-year-old man, who cannot be identified, sued former school administrator William Peniston Starr, in addition to the federal government. He was awarded $144,500 from Starr and the government and an additional $25,000 for punitive damages. Starr, now 70, was sentenced in 1993 to three-and-a-half years in prison after pleading guilty to sexually assaulting 10 male students between 1968 and 1984. A second Gordon abuse victim was awarded $55,000 from the government and Starr, and $25,000 from Starr alone for punitive damages.

John C. Hill, lawyer for Gordon First Nation, questions why they have been named a third-party defendant in these other cases when the band, like all other Indian bands, gets all of its money from the federal government.

"What we have is the federal government, the funder, suing the band, naming it as a third party and looking for a financial contribution. It knows full well that it's actually paying all the money anyways. It's a complete waste of time and resources.

"They need to have the band at the table for some settlement discussions, but you don't necessarily need to include someone as a party to a lawsuit to do that. It's blaming the victim and it has had a negative impact on the community. In essence, they've had to sue their own band members and relatives as a result of what happened at the residential school."

Hill said the countersuit has been launched at the request of the band and not by any of the plaintiffs in the Gordon Residential School lawsuits.

The Federation of Saskatchewan Indian Nations (FSIN) has publicly said it's angry and disappointed by the federal government's attempts to blame the First Nations for what happened in government-run Indian residential schools. Treaty 4 chiefs and chiefs outside Saskatchewan are also strongly supporting Gordon, said McNabb.

"It's going to affect bands nationwide. It will become a national issue and it's just a matter of winning this one."

About ,800 Aboriginal people across Canada are involved in lawsuits against Ottawa, claiming abuse in the schools that were set up to assimilate Native people into mainstream culture.