(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.

Just Posted

Nanaimo council won’t OK Front Street bike lanes right now

Public consultation will take place before council considers approving $400,000 project

Nanaimo craft brewery’s blonde ale best in B.C.

White Sails Brewing’s Bastion Blone Ale takes first place at B.C. Beer Awards

Huard’s Haunted House returns to terrify mid Island for another spooky season

Halloween attraction open in Cassidy every night through Oct. 31

Green Party’s Paul Manly re-elected in Nanaimo-Ladysmith

John Hirst of the Conservatives runner-up, Bob Chamberlin of the NDP third

Trudeau has won the most seats — but not a majority. What happens next?

Trudeau will have to deal with some of the implications of Monday’s result

Green Party’s Paul Manly re-elected in Nanaimo-Ladysmith

John Hirst of the Conservatives runner-up, Bob Chamberlin of the NDP third

Windstorm knocks out power for 10,000 in north and central B.C.

Power slowly being restored, BC Hydro says

Investor alert: ‘Split games’ pyramid scheme circulating in B.C.

British Columbia Securities Commission issues warning about scheme selling virtual shares

Federal NDP may support B.C. with major projects, Carole James says

SkyTrain Surrey extension, Massey Tunnel need Ottawa’s help

‘Issue-by-issue parliament’: Expert says Liberals need to placate NDP to be effective

Scandals, social issues, racism defined 2019 federal election, SFU prof says

Misconduct investigations spike by 65% across B.C.’s municipal police forces: report

Reports overall up 15 per cent while complaints made by public down seven per cent

‘Wexit’ talk percolates day after Liberals returned to power with minority

An online petition is calling for a western alliance and Alberta to separate

Federal election saw 66% of registered voters hit the polls across Canada

Roughly 18 million people cast their ballots, voting in a Liberal minority government

Alleged RCMP secret leaker must stay with B.C. parents while on bail

Cameron Ortis, 47, is charged with violating the Security of Information Act

Most Read