Justice and healing for victims of sexual abuse in Canadian Indian residential schools

This thesis examines the impact of the Canadian criminal and civil justice processes on aboriginal people who are survivors of child sexual abuse in Canadian Indian residential schools. The focus of this thesis is whether legal processes meet the justice and healing needs of aboriginal victims of sexual abuse. In examining the impact of the justice system, an analysis of two court cases, namely the R. v. O'Connor criminal case and the Blackwater et al v. Plint et al (1998) civil case adjudication is presented. The O'Connor criminal case exemplifies the challenges victims face with substantial and procedural justice. In contrast, the Blackwater civil case exemplifies the problems victims face in demonstrating the responsibility or legal liability of the offending party or parties concerned, and in substantiating that they need to be compensated for their trauma and hardships.;As the issues confronted by victims may be insurmountable, alternatives to mainstream justice have been sought. The alternatives take the form of aboriginal community justice initiatives. These present their own unique challenges and dilemmas for victims and their communities. However, victims appear to express hope for either community-based initiatives or a renewed justice system that will accommodate their cultural and individual rights. This is indicative of diversity regarding justice and healing needs of aboriginal victims.