By Jody Porter, Posted: May 08, 2014
Some former residential school students want compensation for the time they spent in foster homes in Sault Ste. Marie. The survivors say they were billeted in the homes as part of the government's residential school policy. Their case is before the B.C. Supreme court this week. (CBC)
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Some former students of the Shingwuak Indian Residential in Sault Ste. Marie, Ont. want their time spent in foster homes recognized as part of the Indian Residential Schools Settlement Agreement.
Their case is before the British Columbia Supreme Court this week.
Seventy-one-year-old Lawrence Baxter remembers the dormitory at Shingwuak growing more and more crowded when he was there in the late 1950s. By the time he entered high school in 1960, Baxter was billeted out to a series of foster homes.
"You moved around quite a bit, you got transferred around because you didn't always fit in with the families," Baxter said.
He added neither he, nor his parents back in Marten Falls First Nation, had any say in where he lived for his four years in high school.
"Living so far away, from up north, we didn't have much option. We didn't have a say how we were going to be educated, where we were going to be put in terms of accommodations," he said. "It was all done through the department of Indian Affairs."
Baxter said he was never made to feel part of the family in the homes he was placed.
"The other fellow I was boarded out with, we shared a room," he said. "You know the bunk beds in the corner of a room. That's where we slept and studied."
Baxter's lawyer, Eric Hovius, said the federal government oversaw the placement of the children, ensured they were placed in Anglican homes, (Shingwauk was run by the Anglican church) and set the rules for students during their stay.
Hovius argues that's proof that the billeting was part of the federal government's broader residential school policy.
"It's the same thing, just in a private home."
Baxter has been fighting since 2007 for compensation for his four years in billeted homes.
"It's unfortunate that every time there is a rough patch [with the settlement agreement] people have to take it before a court to get it resolved," Hovius said.
"But I would say that it is nice to go in front of a judge to be able to tell the story of the children of Shingwuak because being able to go in front of someone who is independent and make your case is something that is valued."
The case could affect hundreds of former students, and a decision isn't expected for several weeks.
If the ruling favours the survivors, "it's going to be good for some people, cash will come in very handy for them," Baxter said. "For some, it's not so much that. We just want to get recognition."