About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

68 Sask. L. Rev. 367 (2005)
Removing That Which Was Indian from the Plaintiff: Tort Recovery for Loss of Culture and Language in Residential Schools Litigation

handle is hein.journals/sasklr68 and id is 373 raw text is: SASKATCHEWAN LAW REVIEW Removing that which was Indian from the Plaintiff: Tort Recovery for Loss of Culture and Language in Residential Schools Litigation Zoe Oxaal* Many former students identify the most painful legacy of Canada's Indian Residential Schools as the loss of First Nations culture and language resulting from cultural denigration, religious indoctrination, and the removal of children from their families. The federal government insists that no cause of action exists for loss of culture or language arising from the operation of the residential schools. Nevertheless, claims for loss of culture are proceeding through the courts. While there has been little substantive judicial consideration of the merits of cultural loss claims, cultural loss has been considered in the damages assessment stage of civil actions for sexual abuse. Furthermore, some cultural loss claims have run into procedural obstacles such as limitation periods and Crown immunities. This article examines the progress of cultural loss claims to date and explores tort law's potential to address this issue. The tort of intentional infliction of mental suffering is analyzed as one potential basis of compensation. I. INTRODUCTION: THE CONTROVERSY OVER CULTURAL LOSS The sexual and physical abuse prevalent in Canada's Indian residential school system, horrific and debilitating as it was, is not, according to survivors, its worst legacy. The most painful legacy identified by many residential school survivors is the loss of First Nations culture and language, a result of the schools' assimilationist agenda. Loss of culture and language arose from abusive treatment in residential schools that included removing children from their families, enforcing attendance, prohibiting and punishing the use of First Nations B.A. (Hons.) (Cantab.), M.A. (Warwick), Class of 2006, College of Law, University of Saskatchewan. I thank Ken Cooper-Stephenson for his helpful comments on an earlier draft of this article. r

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most