Reginald Percival’s Experience
One of the survivors and plaintiffs of a recent class action lawsuit,
Reginald Percival, recalls being taken from his home in the Nisga’a Nation** in northern British Columbia
at the age of 13. He was placed 1,300 kilometers away with a
non-Indigenous family in southern BC, where he endured significant
abuse. He remembers being taken away, with other students, by the Royal Canadian Mounted Police. His mother was crying, and he recalled it feeling “like a funeral.”
Percival remembers that “I was slapped around, locked in rooms… I once
spent 10 days in a closet. It is not a good memory for me.” His story
highlights the broader experiences of many Indigenous children who were part of this program.
Many children in boarding homes were subjected to starvation, forced
to work as free labour and prohibited from practicing their culture. Percival said, “We were told that to be good Indian, you have to forget
about your culture.” They often had minimal or no contact with their
families. Other forms of abuse including sexual or physical occurred
within these households. When Percival returned home, he felt ostracized
from his family.
Legal Actions and Settlement
In 2018, a class action lawsuit was initiated by survivors of the
Boarding Homes Program, including Reginald Percival. They sought justice
and compensation for the abuses they suffered. This lawsuit culminated
in a $1.9 billion settlement agreement approved by the Federal Court in
2023 for Indigenous people
who were part of the program between 1951 and 1992. The settlement
covers approximately 33,000 eligible survivors, providing compensation
ranging from $10,000 to $200,000 based on the level of abuse
experienced. The settlement offers a two-tier compensation system:
Category 1: A base payment of $10,000 to all class members.
Category 2: Additional compensation based on the severity of abuse, up to $200,000.
The claims process was designed to be non-adversarial, conducted
entirely on paper to avoid re-traumatizing survivors. There was no cap
on the total compensation amount, ensuring that all eligible survivors
could receive their compensation. The designated timeframe for survivors
to submit claims was set for 21 August 2024 to 22 February 2027. The
class counsel, Douglas Lennox, noted the importance of this process
compared to other settlements. He said, “We found with some other
settlements, like day schools, people felt pressure to get a claim in
quickly — financial pressure, emotional pressure — and they put in a
lower-level claim. And later on, many claimants seem to have regretted
that decision.”
The settlement included the voices of 12 different survivors from
across the country. The judge agreed they had similar stories of abuse
and mistreatment while being part of the program. Justice Peter Pamel
stated, “I must say that the trembling of their voices as they recounted
their stories was palpable, and the trauma reflected in their eyes as
they relived their experiences was truly overwhelming; these are stories
that all Canadians should hear.” In particular, the settlement also
found:
A vast number of boarding home survivors did not complete high
school because of the extensive abuse they suffered, leaving them with
permanent emotional scars. When many finally did try to return to their
communities, they found that they simply could not fit in; they spoke of
having become outsiders in their own homes, of turning inward and
feeling that their rights had been taken away from them, and of losing
trust in others, especially individuals in authority. Most turned to
alcohol and drugs to cope with the pain and suffering, constantly
feeling forgotten, abused and abandoned; they felt shame and viewed
themselves as a burden on society rather than a contributor. When the
time came to raise their own families, their marriages were consumed by
alcoholism, drug use and domestic abuse, all coping mechanisms to forget
their suffering and the pain they have had to endure.
The program had a devastating impact on the lives of thousands of
survivors and their families through intergenerational trauma (see also Intergenerational Trauma and Residential Schools).
Calls for Official Apology
Despite the financial compensation, survivors continue to advocate
for an official apology from the federal government. They argue that
previous apologies for residential schools
did not adequately address the specific harms inflicted by the Boarding
Homes Program. Justice Pamel, in his decision, acknowledged the severe
abuse and cultural disconnection suffered by the children in the
program. However, as Reginal Percival noted: “The prime minister of
Canada has an obligation, I think, to say … I'm sorry for what happened.
Because some of us never made it home.”
Legacy
The settlement emphasizes the need for ongoing mental health and
emotional support services throughout the claims process. A $50 million
foundation was created by the settlement, which aims to provide
continuous support for the survivors and their families, ensuring that
they receive the necessary resources for healing, language and cultural
revitalization, and commemoration. The Indian Boarding Homes Program
remains an understudied part of Canadian history compared to other
instances of historical government programs of education and care for Indigenous children, such as residential schools, day schools and the Sixties Scoop, which are well-documented in the impacts they have had on Indigenous children, families and communities.
**
Every Nisga’a person belongs to a wilp (family group or house). Wilps own territory and are governed by one or more chiefs, depending on their size.
Nisga’a also belong to one of four clans, known as pdeek: Gisk’aast (Killer Whale/
Owl), Ganada (Raven/Frog), Laxgibuu (Wolf/
Bear) and Laxsgiik (Eagle/Beaver).
Membership in a pdeek is determined by a matrilineal system, meaning
that it is passed down through the mother’s line. This maternal clan
inheritance also includes the rights to traditional names, songs, crests
and dances.
READ: https://www.thecanadianencyclopedia.ca/en/article/nisgaa
Pind, Jackson. "Indian Boarding Homes Program in Canada". The Canadian Encyclopedia, 10 September 2024, Historica Canada. www.thecanadianencyclopedia.ca/en/article/indian-boarding-homes-program-in-canada. Accessed 13 September 2024.