Lawsuit:Canada-Nova Scotia Home for Colored Children UPDATED

From Nova Scotia, Canada, a class action lawsuit has been filed on behalf of 100 survivors of “horrific mental, physical and sexual abuse they suffered while in the [group] home” dating back to the 1920s. It is waiting certification by the Supreme Court of Nova Scotia .

According to the law firm, “the documents show that incidents of abuse aren’t confined to the memories of  the alleged victims. He claims they were documented and ignored by the Home and  the Nova Scotia government.

“They knew what was going on but they wanted to play possum and pretend that  they didn’t know so that nobody will be able to come back on them at a later  point in time,” said Wagner.

The most damning and disturbing document – a major incident  report prepared by the Home, quoting in part a Children’s Aid social worker, and  obtained by W5 involves the alleged brutal rape of a 14-year-old girl that  occurred on June 6, 1983. The alleged rape by a staff member was reported to  Veronica Marsman, a supervisor at the home who carried out a “thorough  investigation” of the allegation which was forwarded to the board.

According to the major incident report, the board of directors suspended  George Williams, a child care worker and driver. They also suggested “he be  dismissed outright.” The board also discussed “that perhaps the police should be  notified and that George be put in jail for his actions.”

However, the board decided that this “idea” . . . “be shelved” pending  further investigation.

The girl, who was taken to hospital and, according to Wagner, received 18  stitches, was eventually transferred to another group home and the police were  never notified.

George Williams was dismissed and sometime later was hired by a nearby day  care centre as a bus driver. He was suspended from the day care last year when  information about the alleged rape became public.

The alleged rape victim has declined to be part of the class action suit.  She wants to protect her privacy. But 13 other women are involved in the  proposed class action suit claiming the home and the province did not protect  them from alleged sexual abuse by Williams when they were children.

Veronica Marsman lived in the Nova Scotia Home for Colored Children in the  1960s for two years when she was a child and has fond memories of her time  there. She is now the executive director of the organization which is now based  in two newer buildings just down the road from the old home. It’s now a  short-term residence for children of all races.

In an exclusive interview with W5, Marsman was asked about the  alleged 1983 rape, at which time she was one of the supervisors at the  home. She claimed: “I’m not even clear if I even knew exactly what did take  place.”

During the W5 interview, Marsman added that she was not saying she wasn’t  aware of William’s dismissal over the alleged rape but “there’s more details to  the actual circumstances that I’d like to go back and review. That’s been  several years now. Many years.”

Williams wasn’t the only alleged predator in the home.

Tracy Dorrington recently summoned the courage to tell her story of rape and  abuse while at the home in an interview with W5. Her alleged assailant, she  says, was a man called Herbert Desmond.

“He threw me up against the wall. I tried to fight him off. And I knew I  couldn’t get him off me. He was just too strong and he raped me.” Tracy was  about 14 years old at the time.

Asked if she ever told anyone at the home about the alleged assault, Tracy  replied: “I was scared to tell” because she was told by her attacker “No one is  ever going to believe you. You’re a tom boy, you’re ugly. Who the hell is going  to believe you?”

In the late 1990s, Tracy confided in Jane Earle, a social worker and former  volunteer director of the home, about the abuse.

Tracy asked Jane to set up a meeting with the board so she could tell her  story.

“She didn’t want money. She didn’t want to go to the police. She just wanted  them to know so that no other child would suffer like she had,” Jane said in an  interview.

To their shock and dismay, Jane says the board refused to meet with  Tracy.

In affidavits filed with the court, Tracy and other past residents are suing  the home claiming sexual and emotional abuse by Desmond.

Years later, Desmond left the home and ended up as an officer at the Nova  Scotia Human Rights Commission. He went on an extended leave in April when the  allegations of abuse were made public. He retired from the commission in late  October. Almost 20 victims are alleging physical and sexual abuse at the hands  of Williams and Desmond, and claim the home and the Nova Scotia government knew  and did nothing about it.

Both men declined repeated requests to be interviewed. However Desmond has  previously denied the allegations against him to a local reporter.

None of the allegations have been proven in court.

Jane Earle says former residents deserve justice for decades of alleged  abuse at a government funded institution. She told W5, “A public inquiry should  be held. So that they have a chance to publicly talk about what was done to them  and how it’s ruined their lives.”

Former orphanage residents allege child abuse, neglect, beatings and sexual assault

[CTV 11/3/12 by Victor Malarek]

REFORM Puzzle Piece

 

Update:“Fifteen years after going public with his story of child abuse, Tony Smith says he can’t believe the day has come when a multi-million-dollar settlement involving a Halifax-area orphanage stands on the verge of being finalized.

The deadline for opting out of the $29-million class-action settlement is Monday, a day the self-described survivor of the Nova Scotia Home for Colored Children says is a dream come true.

“It’s like a burden had been lifted off of my back,” Smith said in an interview. “I never thought it would happen.”

Former residents of the home allege they suffered physical, psychological and sexual abuse mostly at the hands of caregivers while living in the orphanage, which opened in 1921 and operated for nearly 70 years.

If five or more former residents withdraw from the settlement by Monday, the terms of the agreement would allow the provincial government, at its discretion, to pull out of the deal.

As of Friday, the law firm representing the claimants and the province said they had received no submissions opting out of the deal. It could be days before it’s known whether anyone opted out.

None of the allegations of abuse were ever tested in court and under the terms of the settlement the province does not admit liability.

Lawyer Ray Wagner, who oversaw the class-action case, said Smith played a central role in pushing for a resolution.

“I actually think Tony (Smith) was key,” said Wagner. “He speaks from the heart and I think that makes a big difference.”

Wagner described the case as transformative, both for a province coming to terms with a history of systemic racism and for the dozens of former orphans struggling to find closure.

“When you unleash people away from the shackles of the impact and the despair caused by historical abuse it’s amazing how quickly they can grow into mature and articulate and understanding individuals and be able to move on to a better place,” he said.

“The part that Tony has played in bringing that about cannot be understated.”

Smith arrived at the orphanage as a five year old in 1965. He says he suffered physical and sexual abuse during his 3 1/2 years in the home, an experience echoed by dozens of former residents who have since come forward with their own stories.

“When I went public I didn’t know the impact I was going to have,” said Smith. “I had no idea the extent of the abuse and how long it was going on. But then people started coming forward and it kept on inspiring other people to come forward.”

Smith went public with his story in 1998, saying his primary motivation at the time was the memory of witnessing what he described as the beating of a childhood friend and fellow resident.

“I always vowed that I was going to tell his story. I just didn’t know how,” he said. “I didn’t know who would care, who would listen, who would do anything about it.”

Tracey Dorrington-Skinner first collaborated with Smith several years ago when the pair co-chaired VOICES, a support and advocacy group for former residents.

“Working with Tony is amazing,” said Dorrington-Skinner, who also spoke of abuse during her nearly 13 years in the group home. “To see his tenacity and to see his strength and his courage, (that) lent its hand to me finding my strength and my courage.”

Work is now underway to outline the terms of reference for a process to give former residents an opportunity to publicly share their stories in an inquiry-type setting.

“We’re still going to be looking for the truth but we’re not looking to attack anybody,” said Smith. “It’s going to be a public inquiry but within a different flavour of restorative justice.”

Provided the settlement passes its last hurdle, disbursements from the $29 million will start flowing to former residents as early as October. So far about 250 have identified themselves, though more may come forward in the coming months.

The compensation agreement formally approved last month is broken into two payout categories. The first is a common experience settlement, which applies to all residents who lived in the Home for Colored Children at any point between Jan. 1, 1921, and Dec. 31, 1989.

The second settlement category is an individual assessment program, which would address additional harms beyond those suffered by residents at large, including sexual abuse. Only residents of the Home for Colored Children after Nov. 1, 1951, would be eligible.

The $29-million deal will be added to a $5-million settlement reached last summer directly with the orphanage.

“I think this is going to be turning the page with the history of racism in Nova Scotia,” said Smith.

“Seeing people grow and really starting to live their life and live their potential, the nice people that they’ve always been, it’s amazing,” he added. “We wore the badge of shame. Now we wear the badge of honour.””

Key deadline nears in class-action settlement for former orphanage residents[680 News 8/17/14 by Geordon Omand]