Oblates: save money for victims, not lawyers (Canada).

Winnipeg--Jean-Paul Isabelle, superior of the Missionary Oblates of Mary Immaculate (O.M.I.) in Manitoba is speaking out on foot-dragging by the federal government on the problem of residential school lawsuits, the Globe and Mail of July 13 reported.

In February this year, Rheal Teffaine, the Oblates' lawyer, presented a proposal to Ottawa which would avoid long, expensive court cases. The Oblates proposed to turn over all their cash and property to the federal government in return for the government's promise to cover any future residential school liabilities. The order would retain only sufficient assets to cover the retirement needs of its members, who take a vow of poverty. Presently the average age of the 79 members in Manitoba and Saskatchewan is 72.

So far, neither the Prime Minister's office nor the two other government departments involved, Justice and Indian Affairs, have responded to the proposal.

Residential schools were established in the 1880's to assimilate aboriginal children into mainstream society. They were closed in the early 1970's. The schools were established by the federal government, which contracted with the Catholic, Anglican, United, and Presbyterian churches to operate them. From the first case almost 10 years ago, 7,000 claims ranging from emotional abuse to cultural genocide have been filed in courts across Canada, principally west of Ontario. Almost 2000 cases involve the Oblate order. Two recent Saskatchewan cases were settled for $100,000 each. The order is potentially liable for $90 million damages in that province alone.

Mr. Teffaine, who foresees severe consequences if the government does not act soon, suggests that a third party should be named to mediate with all genuine victims. The Order's assets would be used towards a compensation package from the government for these persons.

Father Isabelle said recently, "The way things are going now, we'd be drained just paying for the lawyers. By the time we get to the real victims, there'll be nothing left for them...The lawyers have been out soliciting claims against us."

This has indeed been the case in the aftermath of the Mount Cashel, Nfld, abuse cases. Lawyers fees had eaten into the Christian Brothers' assets to such an extent that two B.C. parent-run schools in the trust of the Christian Brothers are now in danger of being garnisheed. (See C.I. Apr. 2000 p.23) Very little actual compensation has gone to the victims.

The Department of Indian Affairs has previously said that the churches and religious orders are crying poor about paying their legal liabilities. However, the Anglicans, being a national entity under a Canadian Synod, are facing bankruptcy. The Catholic Church is not a national organization because dioceses and religious orders are financially independent. But orders who participated in the residential-school scheme could have nothing left.

Father Isabelle's generous and just proposal deserves an answer of acceptance from Jean Chretien and, at the same time, Chretien should shoulder the responsibility for any damage done by his predecessors in government. It would not be too difficult to submit all 'abuse' claims to an arbitrator in order to weed out those which are frivolous, unfounded, or with malicious intent. (Globe, July 12; Post, July 23).