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Kivalliq Hall doesn’t qualify as a residential school, Canada argues in Nunavut appeal court – CBC

by ahnationtalk on February 14, 2018251 Views

Canada says territorial government was responsible for the school, not Canada

Feb 14, 2018

The federal government is appealing a 2016 decision by a Nunavut judge that classifies Kivalliq Hall, a residence for students in Rankin Inlet, as a residential school under the 2007 Indian Residential Schools Settlement Agreement.

Per that decision, students who were boarded at Kivalliq Hall during its 10 years of operation are allowed to claim compensation from the federal government under the agreement. The hall’s hostel operated from 1985 to 1995.

Tuesday in the Nunavut Court of Appeal, Crown lawyer Cynthia Dickins argued Canada is not responsible for the hostel’s operations or the children who stayed there, so it does not meet the criteria necessary to be included under the residential schools settlement agreement.

To add an institution to the recognized list of residential schools, the agreement says the school must meet both criteria laid out in Article 12 of the agreement, the first of which says the child must have been placed there “by or under the authority of Canada” and the second requires Canada have been “jointly or solely responsible for the operation of the residence and care of the children.”

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