(Black Press Media files)

B.C. woman loses bid to sue for negligence in residential school sex assault

Courts find the bus driver was not negligent in getting off the bus just before the assault

A B.C. woman who was sexually assaulted on a school bus while attending a residential school has lost her request to sue the federal government for damages.

In a judgment released Friday, the B.C.’s Court of Appeal said the woman would not be awarded damages because there was no negligence on the part of the school bus driver.

The woman said the assault took place on a bus parked at the Prince Albert Indian Residential School in Saskatchewan after a hockey game. Court documents do not provide the date of the assault, but the residential school operated from 1951 to 1969.

The woman, who is not named in the records, made her claim thought the Independent Assessment Process, which was established to handle claims of serious physical, sexual or emotional abuse suffered at Indian residential schools. Claims are handled by adjudicators.

She told the court that as soon as the bus stopped on school property, the driver exited the vehicle, and immediately following that she and her female schoolmate were grabbed by the boys sitting beside them.

The woman said she was forced down to the floor and sexually assaulted. She cried out, and an older female classmate went to get the bus driver. The driver returned immediately and the assault stopped.

The woman’s claim centres on three questions: did the assault take place on school grounds? Did an adult employee of the school know, or should have reasonably known, that abuse of the sort was happening at the school? Did the adult employee fail to take “reasonable steps” to prevent the assault?

The adjudicator found the woman was sexually assaulted on school grounds and that adult employees of the residential school knew that that kind of abuse was occurring. However, “reasonable steps” did not mean the bus driver had to constantly supervise the students and that there was “a reasonable level of supervision” at the time.

She appealed the rejection of her claim, but it was upheld once by supervising judge and now by the appeals court.

In her reasons, Justice Barbara Fisher found there was no reason to disagree with the supervising judge, who had acted in “accordance with the appropriate principles” in deferring to the conclusions reached by the assessment process.

ALSO READ: Statue of B.C.’s controversial ‘Hanging Judge’ removed from courthouse

ALSO READ: Second $100M settlement reached in RCMP sexual harassment class action


@katslepian

katya.slepian@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Local talent shines at Hometown Hip-Hop concert

Williams Lake’s own hip-hop and rap community are still as passionate and… Continue reading

COURT: Wolfgang Johnny to face sentencing for 2017 Tl’etinqox arson

Johnny is scheduled for sentencing in Williams Lake Supreme Court Thursday

Kamloops RCMP look for man who may have been heading to 100 Mile House

Rudolph “Rudy” Kobzey was planning to head to 100 Mile House to visit a friend

Tatla Lake area residents share generosity at Valentine’s Day fundraiser

The money raised will go toward purchasing emergency medical equipment

Protecting privacy key to stopping spread of COVID-19, B.C. health officials say

The number of coronavirus cases in B.C. remains at seven

Toffoli scores OT winner as Canucks beat Habs 4-3

Demko makes 37 saves for Vancouver

Private clinics would harm ‘ordinary’ people using public system in B.C.: lawyer

Health Minister Adrian Dix announced in 2018 that the government would begin to fine doctors $10,000

B.C. terminates contract with hospice society refusing assisted death

Delta Hospice Society loses hospital service fund of $1.5 million

Child in hospital following fatal crash that killed father, sibling on B.C. highway

The single vehicle crash occured near Kamloops on Highway 5A

‘Die!’: Vernon councillor mailed death threat

This story contains information that might be sensitive to some readers

Hidden message connects Castlegar homeowners decades apart

The Rodgers family was surprised when a message fell out of the walls as they were renovating

Two B.C. men plead guilty to bus-terminal assault of man with autism in Ontario

Parmvir Chahil and Jaspaul Uppal due to be sentenced in June for aggravated assault

Most Read