'See you in court' says residential school lawyer to feds

"The federal government paid tuition," says Shawn Tupper, the director general of the Indian Residential Schools Resolution Canada.

"But that didn't give the federal government any administrative control over how the school was run or the children were cared for," he says.

Whitehorse lawyer Dan Shier, who represents dozens of those former students, says Ottawa is splitting hairs.

"The federal government is doing a bit of a dance," he says.

"On the one hand they're saying it's not an Indian residential school. They were paying for the upkeep of the children, the maintenance of the school and the salaries of the teachers."

Federal government records show contracts signed with the Baptist school.

While the same contract carries a disclaimer absolving the government of responsibility, it also provides up to $1.25 per day for every Indian student living at the school.

"We can always say to the government 'see you in court'," says Shier. "And frankly that's what needs to be done because they need to be taken to task and ultimately have a case heard before a judge here in the Yukon."

Shier says at least 34 Yukon claims are pending against the Baptist school.

Since the government's dispute resolution process was announced a year ago, just one Yukon case has been resolved.