Montreal Gazette

Haida elder sues Catholic church

`HEALING,' NOT MONEY, AIM OF DEFAMATION CASE OVER SCHOOL GRAVES, LAWYER SAYS

- BILL GRAVELAND in 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.

Maxime Faille, the lawyer for Sphenia Jones, says the goal is understand­ing — not money.

“Sphenia is 80 years old. She doesn't care about money for herself,” Faille said in an interview from Vancouver.

“She wants to see healing happen, and this is an opportunit­y for healing and reconcilia­tion.

“But it takes two willing partners to do that. To me, (the lawsuit) is the fallback if the other side isn't willing to come to the table.”

Jones is a Haida elder who spent time at the Edmonton Indian Residentia­l School.

She filed a statement of claim last year alleging Rev. Marcin Mironiuk made defamatory comments during a 2021 sermon at Our Lady Queen of Poland Parish in Edmonton by describing evidence of unmarked graves as “lies” and “manipulati­on.”

The lawsuit argues that the comments target residentia­l school survivors who have spoken publicly about the deaths associated with residentia­l schools, including the discovery of gravesites at the Kamloops Indian Residentia­l School grounds.

“This is the very group at which the defamatory statements were directed, labelling them as liars and manipulato­rs in an attempt to discredit them,” says the lawsuit.

“The defamatory statements referred to, and would be understood to refer to, each member of the group,” it says.

The allegation­s have not been tested in court.

The lawsuit names Mironiuk, the Catholic Archdioces­e of Edmonton and the Oblate Fathers of Assumption Province as defendants.

The Edmonton Archdioces­e declined to comment, citing the matter is before the courts.

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.

“Father Mironiuk personally pledged further to advance truth and reconcilia­tion with Indigenous Canadians and had educated himself about the issue even further,” read the statement.

Mironiuk, who is now in Ontario, is listed as an associate pastor at St. Eugene De Mazenod Mission in Brampton. The mission did not respond to a request to confirm he is still there.

Faille said his client has been very vocal about her experience at the residentia­l school, including witnessing death and the burials of classmates.

He said residentia­l school denialism appears to be on the rise and the priest's comments were hurtful.

“Those comments, they weren't directed at anyone in particular, but they were directed at those people who are saying the truth about what happened,” he said.

“It's not a good feeling to be branded a liar in the public sphere.”

Faille said the idea of a group defamation lawsuit is unusual and challengin­g, but there's law supporting it.

The lawsuit obtained a victory in Calgary court last week when a judge ruled it can move forward.

Faille said the next step is to get the class action certified in a hearing, which could take up to a year.

 ?? LARRY WONG / POSTMEDIA NEWS FILES ?? A Haida elder who attended Edmonton Indian Residentia­l School, which burned down in 2000, claims a priest made defamatory comments about the existence of unmarked graves.
LARRY WONG / POSTMEDIA NEWS FILES A Haida elder who attended Edmonton Indian Residentia­l School, which burned down in 2000, claims a priest made defamatory comments about the existence of unmarked graves.

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