A former Indian residential school student who brought an individual claim for compensation for sexual abuse has had his award restored, in a ruling by the Supreme Court of Canada today that may influence future class action lawsuits involving an adjudication process.
In J.W. v. Canada (Attorney General), the majority of the Supreme Court found that judicial intervention was necessary in the face of an unauthorized modification of the Indian Residential Schools Settlement Agreement, contrary to the intentions of the parties.
In 2014, the appellant, J.W., brought a claim for compensation under the Indian Residential Schools Settlement Agreement, claiming that a nun had touched his genitals while he stood in line waiting for a shower in a Manitoba residential school. The facts of the case were not in dispute.