Damages phase of AIRS trial begins

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The third and final stage of the Alberni Indian Residential School trial has begun in Vancouver as the remaining plaintiffs fight for compensation from the United Church and the federal government.

The action, which began in Nanaimo almost three years ago, is expected to last until the summer of 2000.

Plaintiffs will tell the court what has happened to them since they left AIRS, and how the abuses they suffered there continue to affect them and their families.

Having heard horrific stories of physical, verbal, emotional and sexual abuse committed against the young students by a number of school employees and officials, the court will now hear about the vicious circle of learned behaviors, and unlearned behaviors including loss of language and culture and an inability to raise a family.

This stage of hearings is expected to take between 20 and 30 weeks, and will include expert testimonies from counsellors and psychotherapists who have worked with many of the school survivors.

When proceedings began three years ago, there were 31 plaintiffs. Since then, two plaintiffs have passed away, and plaintiffs Dennis Thomas, Mel Good, Roy Joseph, Harvey Brooks, Gilbert Hill, and Harry Wilson have settled out of court.

With vicarious liability already decided, all sides are still awaiting Justice Donald Brenner's ruling on the church's and government's direct liability for the abuses suffered at AIRS.

Although testimonies were scheduled to begin on October 25 in Courtroom 35 at the Vancouver Law Court, lawyers for the plaintiffs were granted a one-week adjournment to prepare court-directed reports on testimonies of upcoming expert witnesses.

The court reconvenes on Nov. 1 for two weeks, when Willie Blackwater and Randy Fred will offer their testimony on their lives after AIRS. Members of their families, other relatives, friends and co-workers will also testify about what they call the effects of the captive torture and physical and sexual abuse of the plaintiffs.

Expert opinion on the damages suffered by these people will also be put forward by psychologists, psychiatrists, vocational counsellors and economists hired by the plaintiffs. Other experts retained by Canada and the church will also testify during the trial.

During the first day of hearings on the damages phase of the Alberni Indian Residential School trial, lawyers representing the United Church and the federal government balked at the suggestion of a second settlement conference.

After Peter Grant, lawyer for the plaintiffs asked Justice Brenner for a four-week adjournment so a second settlement conference could be arranged, United Church lawyer Chris Hinkson rose to call the idea "ridiculous."

"This is the height of hypocrisy," said Grant. "They've been asking for opportunities to settle out-of-court for three years now, and for them to turn down the idea of a second settlement conference is unbelievable."

Federal government lawyer Mitchell Taylor also argued against the adjournment and settlement conference, saying there was "no point to further discussions."

The six plaintiffs agreed to out-of-court settlements after the first settlement conference among the three sides in September. Plaintiff lawyers Grant and Alan Early asked Justice Brenner for time to organize a second conference, and for Justice Bruce Cohen to act as arbitration judge again as he did in September.