Lawsuit against church, private Christian school goes before the court
A $25-million lawsuit alleging abuses committed against students at a private Christian school in Saskatoon will be in front of a Court of King's Bench judge on Friday.
The proposed class-action lawsuit alleges Legacy Christian Academy — formerly Christian Centre Academy — and Mile Two Church perpetrated and allowed the spanking of students, fondling of minors by church staff, and other physical, psychological and sexual abuses.
Lead plaintiffs, former students Caitlin Erickson and Coy Nolin, initially filed the statement of claim last August. Twenty-four defendants, including the Government of Saskatchewan, have been named.
The allegations have not been tested in court.
Counsel for the plaintiffs, Samuel Edmonson, said Friday's court appearance will be about answering a fairly narrow question: when will the statements of defence have to be filed by the defendants?
“It's our view that it's appropriate that the statements of defence be filed before the certification and the reason for that is that having the defences in hand will permit the plaintiffs to focus the certification application to the real issues that are before the court,” Edmonson said.
To proceed as a class-action, there is a process called certification.
Edmonson said having the statements of defence would help towards having a process that is both effective and efficient. The Court of King's Bench confirmed no statements of defence have been filed to date.
As well in the case, the plaintiffs' counsel filed a freedom of information request on Aug. 11, 2022, to the Saskatchewan Ministry of Education to obtain documents relating to the school. The request's scope was narrowed to all complaints and reports made relating to the school or the associated church, Mile Two Church, formerly Saskatoon Christian Centre, and respective staff and inspection reports. They are seeking documents dating back to 1982.
Edmonson said the request was unusual because of the scope, and because of the volume of records sought, the plaintiffs were willing to accept the release of records in stages. That process is ongoing.
Edmonson said the records may help show what kind of complaints were made to the ministry about what was occurring at the school. Counsel for the plaintiffs have received many intake forms, but Edmonson said there may be people who haven't heard about the proposed class action or aren't yet ready to share information.
Getting the information from the ministry could help identify further alleged conduct at the school, he explained. Also, because the provincial government is a defendant, the documents could shed light on the oversight and supervision of the school, he added.
“Because we've only received records from the 2011-forward range, and not all of the records that we requested, it's difficult to really say whether we have everything identified in the claim that ought to be,” he said.
Much of what would be disclosed through the freedom of information request process would be disclosed through litigation as that unfolds, Edmonson said.
The case will be heard before Justice Naheed Bardai Friday morning.
Three former school staff have been criminally charged in connection with the historical abuse allegations, including former director John Olubobokun, former principal Duff Friesen, and former Christian Centre Academy athletics director Aaron Benneweis.