Barney v. Canada Canada (Minister of Indian Affairs and Northern Development) and United Church of Canada (2005)

Download factum:
Download media release:

In 2005, LEAF, the Native Women's Association of Canada (NWAC), and the DisAbled Women's Network (DAWN) Canada intervened in coalition in this landmark case that sought compensation for Aboriginal residential school survivors subjected to multiple forms of abuse. This case addressed some of the most appalling human rights violations ever to occur in Canada.

The Supreme Court of Canada agreed with the Coalition that residential school survivors should be compensated for sexual assault but unfortunately ruled that such survivors were not entitled to compensation for physical and mental abuse or loss of Aboriginal language and culture.

The ruling in Barney constitutes a step forward in ensuring compensation for survivors of sexual violence.

Supporting documents
(LEAF not responsible for content hosted by external links)

Supreme Court of Canada Decision (2005)