‘Judge Reprimands Aboriginal Industry Lawyer’

“An Ontario judge responsible for supervising the ‘Indian Residential School Settlement Agreement’ says a lawyer representing ‘survivors’ {‘former students’} from St. Anne’s residential school “slandered the court” by suggesting it was biased in favour of the federal government.

“Ontario Superior Court Justice Paul Perell released a scathing order aimed at Fay Brunning, an Ottawa-based lawyer who has represented ‘survivors’ {‘former students’} from St. Anne’s for several years…

“Perell took exception to recent court filings by Brunning alleging the court gave “preferential treatment” to Canada.

“Perell also expressed discomfort with an email Brunning sent on Jan. 12 to the court counsel, where she stated the court had “neglected to enforce its own orders against Canada” in cases involving St. Anne’s ‘survivors’ {‘former students’} and that it always “presumes Canada to be truthful“.

“Perell wrote he was concerned Brunning’s “allegations diminish public confidence in the court’s supervision” of the residential schools settlement agreement which created a process for setting compensation for abuse suffered at the institutions.

“Her statements may possibly be contemptuous“,
wrote Perell, one of nine judges supervising the implementation of the settlement agreement.
“She has called into question the court’s impartiality and its integrity.”

“In the same email, Brunning said her client, Stella Chapman, also known as St. Anne’s claimant ‘C-14114’ in court records, would not be participating in a re-hearing of her student-on-student abuse compensation claim set for Friday as a result of the court’s and Canada’s actions. Perell’s order directed Brunning to appear with her client for the scheduled hearing.

“I believe that Ms. Brunning is a zealous and loyal advocate on C-14114’s behalf, but advocates have a duty not only to their clients, but they have a duty to the administration of justice and the rule of law“,
wrote Perell…

“Brunning said in an emailed statement to ‘CBC News’ that she would be consulting with her own lawyer and with Chapman about her “legal rights“…

“St. Anne’s ‘survivor’ {‘former student’} Edmund Metatawabin, who has been represented by Brunning, said Perell’s order likely sent a chill to other ‘survivors’ {‘former students’} and lawyers still fighting claims.

“Now we don’t know what to expect from the court. What is the warning to other legal people, other lawyers when they opt to speak for ‘First Nations’ people, that there is danger ahead?“
said Metatawabin…

“The federal government has asked the court to order Brunning to pay its legal bills in a move Perell said was a “settling of scores“, according to his Jan. 4 ruling.”

–‘Judge says lawyer ‘slandered court’ for suggesting it favoured Canada on St. Anne’s case’,
Jorge Barrera, CBC News, Jan. 16, 2018

http://www.cbc.ca/news/indigenous/judge-st-anne-s-residential-school-lawyer-reprimand-1.4490498
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