Judge Hears Appeal Of Compensation Award

Monday, February 11, 2008 at 12:56



A Regina-based lawyer says a recent judge’s decision could help increase the amount of money residential school survivors are awarded by the federal government.


On Friday, Tony Merchant appeared in a Saskatoon courtroom on behalf of a survivor known only as “H.L.”.


The victim attended a school in Saskatchewan where he was abused.


The courts originally ordered Ottawa to pay the victim about $400,000 — much of which was designed to compensate him for a loss in potential earnings in jobs he might have taken.


However, the Crown successfully appealed the decision, so Merchant and “H.L.” turned to the Supreme Court.


Merchant won that time around, but says the high court still sent the file back to the original trial judge — because it was uncertain about some particulars — and asked the judge to set the amount.


Merchant says the judge told them he will make a decision in the next month or so.


He also notes the Independent Assessment Process is something that all survivors can apply for — even those who have already received a Common Experience Payment.