Lawsuit: Canada’s British Columbia Government

“Five First Nations women from different communities around B.C. are suing the provincial government over allegations they were sexually and physically abused in foster homes.

A sixth First Nation woman claims in a lawsuit filed in B.C. Supreme Court that while under government care she was abused in her mother’s home.

The alleged victims, whose claims date back to the 1960s and run through to the 1980s, were young girls at the time and say that government social workers knew about the abuse or were willfully blind to it.

Several of the women say they were removed from a foster home when complaints surfaced, only to be moved to another foster home where more abuse occurred.

“It is an honour to represent these women,” Janelle O’Connor, a lawyer for the plaintiffs, said in an email. “They’ve endured horrific abuse and deserve recourse. These women are incredibly brave and resilient. The violence that they endured and the lack of action taken to protect them can’t be tolerated.”

O’Connor said that she and her Vancouver law firm expect to file more claims in the coming weeks. She said that for “various reasons” a decision was made to file the cases individually rather than as a class-action lawsuit.

One woman who now lives in Kelowna and was apprehended by the government after her mother died, says in her lawsuit that shortly after she was placed in her foster home in Duncan in 1969, her foster father began sexually abusing her, with the attacks occurring while the foster mom went to play bingo.

She says that both foster parents beat her and she lived in constant fear of them.

In January 1971, she says a ministry social worker noted that her school principal had raised concerns about her. A report from a social worker in April 1971 raised further concerns about the foster family, but she was not removed from the home, she says.

In August 1971, she was removed from the home after the foster dad was taken to hospital and a social worker found that the children in the home had been neglected.

“As a direct result of the ministry’s failures, the (foster parents) had been able to abuse and neglect (the plaintiff) for years,” says her lawsuit.

She says she was placed in another foster home in Chemainus, but was sexually abused by one of the children in the home for about five years. She also suffered physical and psychological abuse at the hands of the new foster parents, she claims.

The ministry ought to have known about the serious problems in both foster homes, she says, adding that she suffered bruising, welts from being strapped, and anxiety and depression.

Another woman, who was born in Fort St. James and now lives in Prince George, was apprehended in 1963 shortly after birth and was in ministry care until 1981.

She says that she was physically, psychologically and sexually abused from as early as she can remember in the first foster home where she was placed.

The physical abuse was allegedly perpetrated by her foster mother, who whipped her with rubber cords, dragged her around the house, and slammed her head against the wall.

The sexual abuse was allegedly perpetrated by the father of the foster mother and occurred while the mom was away at work.

The ministry did not adequately monitor and supervise the foster home, says the plaintiff.

When she and a foster sister disclosed some of the abuse, a ministry social worker’s solution was to have them speak to the foster parents directly with the social worker and a native school coordinator present, she says.

The plaintiff was removed from the home eventually and placed in another foster home, but endured more sexual and physical abuse at the hands of a relative of the foster parents.

The women are seeking general, aggravated and punitive damages.

In an email, the ministry of children and family development said that while the ministry had not yet been served with the lawsuits and cannot comment on active legal cases, the government is committed to lasting reconciliation with Indigenous peoples.

“Once the civil claims are served, government will file its own response to court. Currently, together with Indigenous communities and partners, this government is transforming the child welfare system.

“By focusing on prevention, collaboration and jurisdiction, we’re shifting our approach on all levels — from taking children into care to working to keep them safe within their families and connected to their cultures.””

First Nations women sue government over alleged horrific abuse by foster parents
[Vancouver Sun 01/31/2020 by Keith Fraser]

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