A Provincial judge has certified a class-action lawsuit involving allegations of abuse against Indigenous children who attended a Catholic school in northeast Alberta during the 1960s and 1970s.
The lawsuit was initiated in 2019 by representative plaintiff Cynthia Iris Youngchief against the federal and provincial governments, along with local religious and school authorities.
The statement of claim alleges physical, psychological, and sexual abuse of Indigenous students at École Notre Dame in Bonnyville, Alberta, located approximately 240 kilometers northeast of Edmonton. Children from Kehewin Cree Nation, situated just south of Bonnyville, were sent to the school as day students after the federal government closed the Indian day school in the community in 1964, according to legal filings.
In a decision issued this week, Court of King’s Bench Justice James Neilson certified the lawsuit against three defendants: the federal government, the Diocese of Saint-Paul, and the Lakeland Roman Catholic Separate School Division. However, the Alberta government was excluded as a defendant, with the court finding that any alleged breaches of duty could apply to the school district but not to the province.
The certification defines the survivor class as Indigenous individuals who attended the school between 1966 and 1974.
Leighton Grey, a lawyer with class counsel Grey Wowk Spencer LLP, referred to the court’s decision as a “good news, bad news situation,” allowing the case to proceed without the provincial government as a defendant. Grey estimated that 350 to 500 people may be eligible as class members, most of whom were living in Kehewin Cree Nation at the time, although others could also qualify.
Grey said his clients want compensation for the harms they suffered but that is not the only reason why they have come forward.
“They’ve come forward because they think it’s important their stories be told and documented and be made part of the broader scope of Canadian history,” he said.
“The claim concerns events from the late 1960s and early 1970s, and many of the potential claimants are aging. Some passed away during COVID,” Grey said. “My clients are eager to move forward with the resolution of this case.”
The former students’ claim outlines widespread mistreatment of the school’s Indigenous population, including public whippings, hair-cutting meant to demean their culture, and other forms of physical abuse. These allegations remain unproven in court.
The next steps involve filing a certification order and creating a plan for how the case will advance. Grey indicated he is pursuing settlement negotiations with the federal government. “Other claims filed after ours have been settled by the federal government,” he said. “My clients feel a mix of cautious optimism and growing impatience.”
