Courts ill-equipped to deal with school cases

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Dear Editor:

Chief Bobby Joseph's reaction to the decision in Blackwater vs. Plint et al, made by the British Columbia Supreme Court July 10, indicates an understandable frustration that residential school abuse cases are being dealt with in the wrong forum. We totally agree and have been saying so repeatedly in our communications with the federal government and others. The courts cannot adequately address residential school issues. Common sense says that a different approach must be found for dealing with the thousands of outstanding cases.

The legal system is adversarial by nature and cannot deal with the many non-legal issues that are associated with claims by former students of residential schools. The adversarial approach creates unnecessary divisions between people who have said they would prefer to work together towards reconciliation and healing. Not surprisingly, the results are not beneficial to any of the parties. Justice Brenner's decision is a warning that this approach is likely to create more frustration and bring little resolution.

Residential school issues are one element in a complex web of institutions, policies and attitudes that have contributed to the marginalization of Aboriginal peoples in Canada. Psychologist Roland Chisjohn, based on a study of the effects of the Indian residential school system, concluded that the legacy of residential schools cannot be separated from the entire impact of the history of Aboriginal experience over hundreds of years. He said: "It is the whole cloth that is of interest, not an isolated thread, regardless of how much it dominates the fabric."

Church organizations have been saying for several years that alternatives to the traditional approaches of the justice system are needed if we are going to come to terms with this national anguish. A social policy approach is the only way we can tackle the whole cloth and begin creating a just and fair response that engages all Canadians.

On behalf of Catholic organizations associated with the schools, the Catholic Organizations' Task Group on Indian Residential Schools is working hard to resolve issues with the federal government and move on towards developing-in co-operation with Aboriginal representatives-a way of dealing with claims in a timely and fair way. We believe it is possible and the Blackwater decision should prove to us all that it is necessary.

Sister Marie Zarowny, SSA

Chair, Catholic Organizations' Task Group on

Indian Residential Schools