A man who alleges he was sexually assaulted as a child at the Brandon residential school and later at a youth jail is suing the federal and provincial governments. The plaintiff, a 68-year-old Indigenous man, alleges that both governments were negligent and failed to implement and enforce effective safeguards against sexual abuse. “The plaintiff’s injuries are ongoing and have materially altered the course of his life,” reads the statement of claim, filed Nov. 2 in the Court of King’s Bench of Manitoba. CTV News is not naming the man because of the nature of the allegations. According to the claim, the man attended Brandon Indian Residential School in the fall of 1968. It alleges he was required to attend and live at the institution, separated from his family and community. While there, the claim alleges he was sexually assaulted by a male priest that worked with the school. It says the assaults included non-consensual touching of his genitals and an attempted act of anal penetration. During one of the assaults, it alleges, he was also physically attacked, which left him with a ruptured ear drum. “The plaintiff was unable to protect himself or safely report the abuse because of his age, dependency, the authority of the perpetrator, fear of consequences and the institutional environment,” the filing says. The Brandon Indian Residential School closed in 1972, according to the National Centre for Truth and Reconciliation. The claim says that from May 1974 to September 1976, the man was then confined as a minor at the Manitoba Home for Boys in Portage la Prairie, a provincially run youth jail later renamed the Agassiz Youth Centre. The facility closed in 2022 and was demolished. The man alleges he was sexually assaulted on numerous occasions there by a night supervisor. The assaults allegedly happened at night in the dormitory while he was confined to his bed. The claim says he could not remove himself from the supervisor’s authority or safely report the abuse. The claim alleges Canada was negligent and breached a fiduciary duty, citing its authority over the funding, regulation, inspection and oversight of Indian residential schools. Among other things, it alleges Canada failed to adequately supervise clergy and staff and failed to provide a safe way for children to disclose abuse without fear of punishment. The claim also argues that Manitoba owned and operated the home for boys and had custodial authority over the minors confined there. It alleges the province failed to adequately screen, train and supervise staff, did not maintain reasonable nighttime supervision, and did not provide a safe way for minors to report abuse. It further alleges Manitoba is vicariously liable for the supervisor’s actions, saying he was employed by the province and that the assaults were connected to the authority and access his job gave him. The man alleges he has suffered anxiety and depressive symptoms, emotional dysregulation and difficulty forming relationships. The claim also alleges his education was disrupted and his earning capacity diminished and says he requires therapy and treatment. A provincial spokesperson declined to comment, saying the matter is before the courts. CTV News has also reached out to Crown-Indigenous Relations and Northern Affairs Canada for comment. None of the allegations has been tested in court, and no statements of defence have been filed.
