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AIRS trial end now in sight

Author

David Wiwchar, Windspeaker Contributor, VANCOUVER

Volume

18

Issue

7

Year

2000

Page 2

The three-year long trial regarding the involvement of the federal government and United Church of Canada in abuses of Native children at the Alberni Indian Residential School is finally winding down.

With the vicarious liability and direct liability stages of the trial over, plaintiffs and their lawyers have been focused on the damages phase of the trial. They will be presenting their final arguments beginning Dec. 11 in the precedent-setting case that introduced non-Native Canadians to the horrors brought upon First Nations children by employees of residential schools.

Of the 31 plaintiffs that began the AIRS trial, only seven remain: Leroy Barney, Randy Fred, Ralph Johnson, Martha Joseph, Dennis Stewart, Marlon Watts and Marvin Watts.

"Many people settled out of court because of poverty and because they didn't want to go back on the stand," said Randy Fred. "Their lawyers are brutal. It's a horrible, horrible, horrible thing to go through."

Since the case began, two plaintiffs have passed away; a fact that many say is directly related to the stresses of the courtroom environment.

"Two men have died because of this court case," said Fred. "It has caused a great deal of stress, and a feeling of re-victimization because we have to tell our stories over and over again, and then sit there and listen while the defense lawyers do everything they can to minimize our experiences."

According to Fred, the trial has almost destroyed his marriage several times, but he refuses to settle out-of-court.

"I'm in so deep now, investing time, energy and money. I've got a thick skin from spending nine years in their jail, so there's no turning back."

The final arguments are expected to last between five and seven days, and Fred is hoping that First Nations people will come out and support the plaintiffs as they did when the trial was in Nanaimo and Prince Rupert, B.C.

"This case will affect thousands of people and hundreds of communities across the country, so we're encouraging First Nations people to show their concerns for this important case, and to show the judge that Native people care," said Fred.