Posted by Frodo (64.59.130.103) on October 05, 2001 at 15:01:39:
In Reply to: Re: Residential School Court Decision posted by Joe on October 03, 2001 at 13:38:11:
The real problem is that the courts merely interpret and apply the law, and they rely on governments to change the law.
That is the only way that residential school victims will get their day in court - is if governments enact legislation to ensure they get their chance.
But don't hold your breath. It is not in the government's interest, provincial or federal, to help speed along a legal process that may ultimately see them forced to pay out damages in these residential school tragedies. Remember, any court cases against churches could set a precedent for any legal action against the feds. Who in turn funnel money to the province. So the deck is really stacked and natives lose out again.
Either way, the defendants will stall this matter in the courts until the victims are deceased.
The courts only really benefit the people who can afford it - chalk up another victory to plutocracy.
: The recent decision is a stalling tactic, pure and simple. There will be an appeal and the matter will come before the courts again. Don't forget that the Japanese internment situation also exceeded the 30 year 'limitation' that this judge validated.
: The courts recognize that the national leadership does not have the political respect to effectively influence the course of government or recent jurisprudence. Why do you think that all of the recent decisions have gone against First Nations?
: Blithering about blockades, uprisings and pestilence is not good politics. It has merely created rhetoric that will be used against us. Public support for our situation has also dwindled and therefor has created a situation where the courts do not care that their decisions are obtuse and callous.
: That is what I think.