“As Canadian Synod Faces Bankruptcy, Bishops Plead With Government”

Anglican bishops appeal to prime minister for intervention

Christianity Today June 1, 2001
Canada’s Anglican bishops have appealed to Prime Minister Jean Chretien to intervene in stalled negotiations over compensation for people who claim they were abused in Indian residential schools run by the church on behalf of the government.

More than 7,000 people have brought lawsuits against the federal government, the Anglican Church of Canada (ACC) and several other Canadian churches, alleging they were physically or sexually abused by school staff.

The Anglican Church administered 26 government residential schools for indigenous children in various parts of Canada from 1820 until 1969.

Ignoring recommendations from church and other groups, Canada’s Department of Justice is seeking to resolve these lawsuits in court. Indigenous, religious and legal groups have urged the government to find a way to settle these claims outside the courts.

In a letter delivered to Prime Minister Chretien on May 2, the Anglican House of Bishops expressed the bishops’ “dismay” at the ponderous process of resolving the claims. “Those who were abused still wait for justice and the litigation is rapidly draining [our] resources,” the letter states. “We assure you of our ongoing commitment to our ministry of healing among the indigenous peoples of Canada. We will continue this work as long as we are able, but it is now in jeopardy.”

Archbishop David Crawley of the Diocese of Kootenay in British Columbia, one of the primary drafters of the statement said, “Between our national church and the eight dioceses in litigation, we have spent about $5 million [US$3.25 million] on litigation. More than 99 percent has gone to the legal process, and less than one percent has gone to actual payments to a plaintiff.

“We expect by the end of this year that assets will be gone, and then in effect the national corporate structure of our church will be bankrupt. We have been in conversations with the federal government since last fall, and they appear to be stalled.”

In some lawsuits the ACC’s general synod—the church’s national governing body—and eight of its 30 dioceses are named directly. But increasingly, Archbishop Crawley said, the Canadian government was forcing the church to be a co-defendant in lawsuits originally brought against the government.

Lawsuits in which the general synod is being sued as a third party account for only 40 percent of the cases involving the church. Yet these cases have predominated in the courts and have generated the major portion of legal fees.

Archbishop Crawley said: “I believe that the government doesn’t know what its policy is. Various departments of government are working at odds with one another. The government has been slow to recognize the magnitude of the problem. There are tens of thousands of potential complainants.

“If you add in the so-called cultural and linguistic abuses—the deprivation of language and culture as distinct from physical or sexual abuses—if class actions in that area get certified, then the government will be facing literally billions of dollars in costs.”

The lawsuits were threatening the survival of certain dioceses, the archbishop said. For example, the Diocese of Cariboo in British Columbia, one of the first to face the charges, “are no longer defending themselves in court,” he said. “They have no assets left. The synod of the diocese passed a resolution last fall that unless there is some kind of agreement reached, the diocese will wind up its affairs as a corporate body this October.”

The United Church of Canada (UCC) and the Roman Catholic Church—both also involved in the Indian Residential School program—were not facing the same financial stress as the ACC, according to Archbishop Crawley. The UCC had only two cases pending, he added. The Roman Catholic cases were different as residential schools were run by religious orders. In one of those cases, “the Oblates [religious of the order] in the province of Manitoba have declared bankruptcy and turned all of their assets over to government,” the archbishop said.

The ACC’s newspaper, Anglican Journal, reported recently that several Anglican dioceses were on the brink of insolvency. Last year the general synod incorporated the church’s international relief agency—the Primate’s Fund—as a separate entity to protect the fund’s assets should the church face huge lawsuit settlements or bankruptcy.

In the May 2001 issue, Anglican Journal, editor Vianney Carriere wrote: “General synod … today stands on the brink of bankruptcy protection at best, dissolution at worst, in part as a result of federal government action in the courts and inaction everywhere else.

“If the government fails to find the means to resolve lawsuits around residential schools in a way that allows the churches to go on with this and other ministries, the victims of that failure will be the people of Canada, those who never use the churches no less than those who do.”

In a statement to members of the church, the bishops gave their assurance that regardless of the outcome of the lawsuits, the life of the church would continue.

“Finally, we commit ourselves, whatever the outcome, to nurture and lead the Anglican family through these difficult times, always seeking the will of Christ and the well-being of Christ’s Church.”

About 200 of the Anglican Church’s congregations are made up primarily of indigenous people. Since 1991 the church has funded extensive community-based healing efforts. Ironically these operations, funded by the general synod, are also threatened by the looming financial crisis.

Archbishop Michael Peers, Primate of the ACC, has requested Anglicans to contact their representatives in the federal parliament to express their concern. He said in a statement released by the church, “Justice is not now being served, and we cannot see how continuing this pattern will ever serve the purposes of justice.”

Copyright © 2001 ENI.

Related Elsewhere

Anglican News Service and ACC News have articles on the bishops’ letter to Chretien and their plans to meet with the prime minister. Other ACC News and Anglican News Service stories on the lawsuits are also available.

The Anglican Church of Canada has an extensive area of its site devoted to the residential schools controversy.

For continuing coverage of this issue, see the Anglican Journal, the ACC’s monthly newspaper (its October 1999 issue provides especially good background information on the abuse allegations and their implications for the church.)

The University of Saskatchewan’s Native Law Center has a massive bibliography of articles and resources about the suits.

United Press International has additional coverage of the alleged sexual abuse and suits involving the 130 publicly funded institutions.

The Diocese of Toronto urged its members to write to Members of Parliament over the federal government’s handling of the residential schools issue.

More articles and resources on the residential schools cases are available from Yahoo’s full coverage areas on First Nations and religion.

Recent Christianity Today articles about the lawsuits include:

Canadian Politician Works With Churches to Resolve Abuse Crisis | Deputy Prime Minister meets with church leaders to resolve court cases (June 6, 2001)

Canada’s Anglican Church Considers Possibility of Financial Ruin | Court costs, settlements surrounding abuse allegations could mean bankruptcy (Jan. 31, 2001)

Legal Costs Shut Down Canadian Diocese | Abuse claims cause the Anglican Diocese of Cariboo to disband (Oct. 19, 2000)

Lawsuits Force Anglicans to Cut Staff and Programs | Abuse allegations cause the Anglican Church of Canada to scale back church support and overseas ministries. (Aug. 25, 2000)

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