E.B. v. Order of the Oblates of Mary Immaculate in the Province of British Columbia

Supreme Court of Canada – [2005] 3 S.C.R. 45

British Columbia Criminal lawResidential school

Summary

A victim of Indian residential schools tries to have the responsible order recognized responsible for the actions of its religious congregation for the actions of one of its employees that was not an educator. Although such a claim was successful in Blackwater, it was not in this case.

Issue

Can the Catholic Order operating a residential school be liable for sexual assault committed on site by one of its employee?


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Blackwater v. Plint

Supreme Court of Canada – [2005] 3 S.C.R. 3

British Columbia Criminal lawResidential school

Summary

The Court recognizes the potential responsibility of religious organizations for offenses committed in residential schools. It also recognizes that the federal government is responsible for these crimes.

Issue

Can the government of Canada and the United Church of Canada be liable to former residential school students? If so, on what legal basis, and what damages can be awarded?


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