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Supreme Court refuses to hear St. Anne's residential school survivors' appeal

Supreme Court refuses to hear St. Anne's residential school survivors' appeal

CBC
Thursday, October 20, 2022 02:31:06 PM UTC

WARNING: This story contains distressing details.

Canada's top court has dismissed an appeal by survivors of a Catholic-run residential school near Fort Albany, Ont., in an ongoing dispute with the federal government over the impact of withheld documents on compensation claims.

The Supreme Court did not offer reasons Thursday morning when it rendered its decision not to hear from the group of St. Anne's survivors, unidentified in court documents but represented by author and former chief Edmund Metatawabin, who have been trying to have their cases reopened.

They contended there were "procedural and jurisdictional gaps" in the lower courts' handling of the case — which has unfolded under the residential schools class-action settlement — and asked the Supreme Court to intervene in a March 1 filing.

Evelyn Korkmaz, a St. Anne's survivor from Fort Albany, had mixed feelings the day before the decision: a sense of optimism tempered by a lack of faith in the Canadian court system.

"It's going to be a big day," Korkmaz said. 

"Hopefully they have the courage to stand up for reconciliation and prove to us that they are going to stand alongside us and uphold our rights."

Regardless of the decision, the survivors have no plans to stop fighting, according to Korkmaz.

"St. Anne's survivors are resilient. We've been fighting for years, and we're going to continue to fight," she said, suggesting they would take the campaign to the international level if the court refuses to hear the case.

"If they decide not to allow us to appeal, we'll have to pursue other avenues."

Timmins-James Bay New Democrat MP Charlie Angus, a longtime backer, announced the filing in a July news release, calling the move "a damning indictment of the Liberals' record on reconciliation."

The Liberal government, in competing filings, urged the court not to intervene.

Speaking outside the House of Commons on Wednesday, Angus said the decision would "be a really important moment" not just for the survivors, but reconciliation generally.

"All the talk of reconciliation gets blown out the door when you get to the case of St. Anne's," he said.

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