Canada’s Oldest First Nation’s Newspaper - Serving Nuu-chah-nulth-aht since 1974 Canadian Publications Mail Product haas^i>sa “ Interesting News” Vol. 31 - No. 16 - August 12, 2004 Sales Agreement No. 40047776
Survivors demand their day in court By David Wiwchar Southern Region Reporter Port Alberni - Three former Alberni Indian Residential School (AIRS) students who launched legal proceedings against an alleged former abuser, are continuing their demand to be heard in court, despite serious hurdles. Brothers Jack and Charlie Thompson (Ditidaht) and Dempsey Dennis (Huuay-aht) started proceedings more than ten years ago against former AIRS Dormitory Supervisor David Henry Forde they allege sexually abused them when they were young students at the school.
Brothers Jack and Charlie Thompson (Ditidaht) and Dempsey Dennis (Huu-ay-aht) started proceedings more than ten years ago against former AIRS Dormitory Supervisor David Henry Forde. The case, which was originally scheduled to be heard in BC Supreme Court in Port Alberni in February, was adjourned until the end of August so Forde’s lawyer could go through all of the documents filed by Crown Counsel. But now the plaintiffs have been told the case may never be heard. “We got a call from Crown Counsel Steve Stirling this week saying they were not willing to proceed with charges because Forde has cancer, and can’t travel from his home in Washington State,” said Charlie. “The doctors say Forde might not live longer than eight months, and Crown Counsel says extradition proceedings to force him to come up here could take up to two years, so they want to drop the case,” he said.
“We got a call from Crown Counsel saying they were not willing to proceed with charges because Forde has cancer, and can’t travel from his home in Washington State,” said Charlie. In a meeting between the plaintiffs and Crown Counsel at the law courts in Port Alberni, the three men told Stirling they wanted to continue with proceedings, regardless of the current obstacles.
“Just because he’s sick, his illness isn’t going to make what he did to me go away,” said Dennis. “I need to hear him admit to what he did to me and admit it was wrong and hear him apologize,” he said. “The case has to continue,” said Jack. “It can’t stop just because he’s sick. I need to find closure for the things he did to me, and part of that will come from telling my story on the record in court,” he said.
Charlie Thompson, Dempsey Dennis, and Jack Thompson sit outside the Port Alberni Law Courts waiting for their chance to testify against David Henry Forde.
“I don’t give a damn if he’s sick. He didn’t give a damn about us,” said Charlie. “I’m angry. I’ve been waiting so damn long for something to happen, and now it will just be adjourned because he can’t travel,” he said. Forde, now 71 and living in Puyallup, Washington, has been charged with four counts of sexual assault dating back more than four decades.
“I don’t give a damn if he’s sick. He didn’t give a damn about us,” said Charlie. “I’m angry. I’ve been waiting so damn long for something to happen, and now it will just be adjourned because he can’t travel,” he said. In a letter from Dr. Robert McCroskey in Puyallup to Forde’s lawyer Michael Mulligan in Victoria, it was revealed that Forde has “metastatic lung cancer with metastates to the bone”. “He is currently undergoing intensive radiation therapy with plans to be followed by chemotherapy. This is an incurable illness with a median prognosis of less than one year survival,” wrote Dr. McCroskey. Although efforts towards a trial can proceed, it is likely that each time a trial date comes up, defense lawyers will come before the judge, report the serious medical condition facing their client, and the case will be adjourned to a later date. “We have to keep trying. You never know what could happen,” said Charlie. “We’re not going to quit. We want justice,” he said. According to the plaintiffs, Forde was a
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dormitory supervisor in Senior Dorms 1 and 2 at the Alberni Indian Residential School in Port Alberni, B.C., during the late 1950s and early ‘60s when they allege,he sexually abused at least four students. There is no statute of limitations on serious sexual offenses, so Forde could face more than a decade in prison if convicted. “There are some things that are just too serious,” said RCMP Cpl. Mike Pacholuk in an interview with the Seattle Post-Intelligencer. “With charges like these there is no statute of limitations and that’s how it should be.” “He essentially acted as a parent figure,” Pacholuk said. “It’s a pretty powerful position.” The Forde investigation was part of a
larger inquiry into allegations of abuse at 15 church-run residential schools in British Columbia. Led by the Native Indian Residential School Task Force, the investigation began in 1994 and has resulted in charges against 13 people for physical and sexual offenses involving hundreds of victims. At least a third of the suspects are now dead, Pacholuk said. The charges against Forde, along with three counts against another dormitory supervisor, mark the end of the task force investigation, though Pacholuk encouraged other victims to contact the RCMP. A man who identified himself as David Forde in Puyallup declined to discuss the charges when reached by telephone.
First Nations study treaty options By Cliff Atleo, Jr. for Ha-Shilth-Sa Duncan - On July 29th and 30th the Hul’qumi’num Treaty Group invited representatives from First Nations that have completed or are near completion of the Agreement-in-Principle stage of treaty negotiations to gather and strategize their next steps. Representatives came from Sliammon, Lheidli Tenneh and Sechelt. Cliff Atleo, Jr., Simon Lucas, and Richard Watts represented the Nuu-chah-nulth Treaty Table with Jim Christakos present on behalf of the Ditidaht/Pacheedaht Treaty Table. The Hul’qumi’num Treaty Group
represents the Cowichan Tribes, Chemainus First Nation, Lyackson First Nation, Penelakut Tribe, Halalt First Nation, and Lake Cowichan First Nation who reside primarily between Duncan and Nanaimo. They total nearly 5,800 members and are currently negotiating an AIP. Of the tables represented they were the only ones not to have completed an AIP for community ratification. The Nuu-chah-nulth communities unsuccessfully attempted to ratify an AIP in March of 2001 and have since split into two separate tables. Sechelt effectively dropped out of the treaty process in 1999 after having ratified an AIP and unsuccessful Final
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