CALGARY — The lawyer for a residential school survivor leading a proposed class-action defamation lawsuit against the Catholic Church over residential schools says the court action is a last resort.
"Sphenia is 80 years-old. She doesn't care about money for herself,” Faille said in an interview from Vancouver.“But it takes two willing partners to do that. To me, is the fall back if the other side isn't willing to come to the table."She filed a statement of claim last year alleging Rev.
“The defamatory statements referred to, and would be understood to refer to, each member of the group," it says.The lawsuit names Mironiuk, the Catholic Archdiocese of Edmonton and the Oblate Fathers of Assumption Province as defendants.The Oblate Fathers, in a statement last week, said they are contesting the lawsuit. They said Mironiuk did not intend to cause harm or dismiss the “hurtful reality” for some who attended residential schools.
Faille said his client has been very vocal about her experience at the residential school, including witnessing death and the burials of classmates. The lawsuit obtained a victory in Calgary court earlier this week when a judge ruled it can move forward. Lawyers representing the Archdiocese and the religious order had asked for it to be struck down."It's unusual in the sense that these people don't know each other and one has never interacted with the other. But that's more a function of what the tort is than anything else," said Paisana, an adjunct law professor at the University of British Columbia.
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