THUNDER BAY – A class-action lawsuit involving hundreds of former Crown wards against the province is moving forward.
Superior Court Justice Helen Pierce on Thursday ruled to grant the first step of the certification of the process and also rejected arguments by government lawyers that the province did not owe a duty of care to children in their custody.
“When the Crown takes over the obligation of a parent they have an obligation to inform that person, our position is, of their legal rights to assist them in getting legal representation,” co-lead counsel Chris Watkins said on Friday.
The proposed class includes all children who were Crown wards since Jan. 1, 1966, which was when the province of Ontario voluntarily accepted legal responsibility and guardianship for Crown wards.
With the class extending back decades, the number of people involved could end up in the thousands.
“So far we’re over 500 and we’re just in the initial stages of this process,” he said.
“I think as the larger momentum grows and people understand that this is a real process, the process is moving forward and the courts have already adjudicated key aspects of the process I expect that will grow at a very significant rate.”
However, the lawsuit and any potential trial will centre on a much smaller number of representative plaintiffs. Those currently are Holly Papassay, Toni Grann, Robert Mitchell, Dale Gyselinck and Lorraine Evans.
They are alleging the province did not provide protection from severe physical and sexual abuse they suffered.
Watkins, who is serving as co-lead counsel along fellow local lawyer Sandy Zaitzeff and Toronto lawyer Jonathan Ptak, spoke with Papassay shortly after the decision and said seeing the process move forward is empowering.
“It has given her confidence there are people out there prepared to fight the fight for herself and other people that were victims of a system that did not work properly,” he said.
“It’s given her hope for the future, for future generations and hope for other people who go through the system that we can make it a better system.”
He added the effects of abuse, neglect and re-victimization extends far beyond just the original former Crown wards.
It spins into further generations.
“If a person back then received that treatment and the counselling they needed back then to set themselves on an enlightened path they might have had a much different life course and that life course may have impacted how their children and their children’s children were impacted,” Watkins said.
The action was first launched nearly two years ago
