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Saskatoon

Arguments begin in proposed $25M abuse lawsuit filed by former Sask. private Christian school students

Arguments have begun in a proposed $25-million abuse lawsuit filed by former students of aprivate Saskatoon Christian school.

Sides argue over when statement of defence should be filed, judge reserves his decision

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Former students who say they were abused while attending Saskatoon's Legacy Christian Academy speak with their lawyer, Grant Scharfstein, second from right, Friday outside the Court of King's Bench. Arguments are underway in the students' proposed $25 million class action lawsuit. (Jason Warick/CBC)

Arguments have begun in a proposed $25-million abuse lawsuit filed by former students of aprivate Saskatoon Christian school.

"We're here to right an absolutely terrible wrong that's occurred in this province for decades. Everyone turned a blind eye to it, including the government," the students' lawyer, Grant Scharfstein, told reportersoutside court Friday.

"The people that have done these things have to be accountable."

Thelawsuit was filed last year following a series of CBC News stories about the Legacy Christian Academy and adjacent Mile Two Church in Saskatoon. Dozens of students said they were physically, emotionally and sexually abused. The abuse allegedly included severe beatings with large wooden paddles, exorcisms and solitary confinement.

Many students have also filed criminal complaints. Charges have been laid against three officials.

On Friday morning, there were about 30 students and supporters gathered outside the Court of King's Bench in Saskatoon.

"It's great to finally be in court now. It's good the ball's rolling," former student Caitlin Erickson said. "It's a day a lot of people never thought would come."

Mile Two Church, formerly called Saskatoon Christian Centre, is attached to Legacy Christian Academy, formerly known as Christian Centre Academy, a private Christian school now at the centre of a class action lawsuit in which former students claim years of abuse.
Lawyers for Saskatoon's Mile Two Church, formerly called Saskatoon Christian Centre, and the adjacent Legacy Christian Academy, formerly known as Christian Centre Academy appeared in court Friday as part of a proposed $25 million abuse lawsuit filed by former students. (Jeff Stapleton/CBC)

When the former studentsentered the courtroom, more than a dozen lawyers were already there, seated at tables and in the gallery. Others participatedvia telephone.

The school and church officials, none of whom appeared to be present, are represented by some of the most prominent lawyers in the province.

They include Gord Kuski and Jim Ehmann, whorepresented Catholic church bodiesduring a national dispute over residential school survivor compensation andScott Spencer, who successfully defended farmer Gerald Stanley following the death of Colten Boushie. The Saskatchewan government is represented by Ministryof Justice senior Crown counsel Jared Biden.

Scharfstein, the students' lawyer, has more than 40 years experience in civil litigation.

Sides disagreewhen statement of defence should be filed

On Friday, Scharfstein argued in court that the school and church officials need to file a statement of defence so the students can see what they're facing.

"It's unfair for the plaintiffs to be forced to proceed in a vacuum...this informationis necessary to determine the real issues," Scharfstein said.

Lawyers for the former school officials disagreed. Kuski said Saskatchewan courts typically wait until after a lawsuit is "certified" before requiring statements of defence, although he admitted things are more flexible in places likeBritish Columbia and Ontario.

Kuski told the judge that if he ruled in the students' favour and went against Saskatchewan "practice and custom," he'll find himself "sitting in a corner by himself" when he next meets with fellow judges.

Biden agreed, saying this "is a complicated claim, by any measure." He noted there are already 25 defendants, with possible future additions, and that the allegations span a40 year period.

The matter has been reserved. The next court date is unknown.

Kuski and Biden declined interview requests.