Duane Favel outside Court of King's Bench in Saskatoon on Aug. 2, 2023. (Brent Bosker/650 CKOM)

By Brent Bosker/CKOM News Staff

Ile-a-la-Crosse survivors seek to have new class action for residential school settlement

Aug 2, 2023 | 1:46 PM

Survivors of the Ile-a-la-Crosse residential school packed into a Saskatoon courtroom Wednesday to renew their fight for justice and recognition.

Lawyers representing the “United for Survivors Group” put forward arguments at Court of King’s Bench in support of quashing the case filed by the Merchant Law Group in 2005, claiming it has not been active in almost two decades.

They’re aiming to move forward with another lawsuit, but they need the original one to be stayed before the new one can proceed.

Duane Favel, who attended the school up until it closed in 1974, is one of six plaintiffs in the Gardiner class action filed last December.

“We often wonder what (Tony Merchant) has done to move this case forward and bring closure,” Favel said outside the courthouse.

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“In the last two to three years, we’ve invited him numerous times and he’s failed to engage and come and speak with the committee directly.”

The Ile-a-la-Crosse school was operated by the Catholic church for over a century before it closed in 1974. The school was later destroyed by a fire in 1976.

However, it was not included in the 2006 Indian Residential Schools Settlement Agreement, leaving its 1,500 students and families without compensation for the harm they endured.

“It’s been a varying experience for all the students that attended there, but the ones that came from different communities experienced much more harm,” said Favel.

“My dad attended the residential school there in the 1940s. His experiences weren’t good and I think that reflects on our communities in an extremely negative way.”

Favel said after waiting almost two decades for Merchant to certify the lawsuit, survivors simply can’t afford any more delays.

“Every month, we lose a survivor,” Favel said. “Every year, we lose many survivors. They’re getting to the age they can’t wait any longer.”

Favel believes with the Merchant Law Group out of the picture, the survivors have a good chance of negotiating a settlement with the provincial and federal governments without the need for litigation.