Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Appeals - Standard of review - Whether adults testifying about historic childhood sexual abuse should have their evidence assessed in the context of their age at the time the sexual assaults took place - Whether the Court of Appeal was correct in determining that the concept of a burden of proof commensurate with the occasion raises the civil burden of proof for victims of childhood sexual assaults to require corroboration - Whether an appellate court, without finding any palpable and overriding error, can disturb the trial judge’s findings of fact on the credibility and reliability of the witnesses and then substitute the trial judge’s decision with its own.

The Appellant, F.H., was a student at the Sechelt Indian Residential School, built and funded by the Canadian government and operated by the Oblates of Mary Immaculate in British Columbia, from 1966 to 1974, when he was between seven and fourteen years of age. He claimed to have been physically and sexually assaulted there by the Respondent, McDougall, who was an Oblate Brother and F.H.’s supervisor when F.H. was between nine and ten years of age. F.H. commenced this action against McDougall, Canada and the Oblates in 2000 and the trial lasted 13 days. It was heard with another action brought by another former resident of the school who made similar claims against the same parties. The parties agreed to have a trial on discrete issues of fact. The trial judge considered the evidence of 11 witnesses. The trial judge found that the Appellant had been physically and sexually assaulted. On appeal, the Court of Appeal upheld the finding that the physical assaults had occurred, but the judgment with respect to sexual assaults was overturned.