Wesley et al v. His Majesty the King
This action concerns allegations of systemic abuse and mistreatment of girls incarcerated at what eventually became known as the “Willingdon School for Girls” in British Columbia.
The institution operated as a “correctional facility” between 1914 and 1973, with girls being incarcerated for “crimes” such as incorrigibility and “sexual immorality,” which included the “crime” of being homosexual. Others were incarcerated because they were labelled “unmanageable” at home or at school.
The bulk of the girls came from marginalized backgrounds, and many were Indigenous. They ranged from six to nineteen years-old while confined at the school. The girls experienced alleged sexual, physical, and emotional abuse, frequently carried out by employees, including teachers, medical staff, and others. Girls were confined in isolation in the “Hole” for weeks at a time. Indigenous girls were subjected to cultural assimilation; the institution, operating as a penitentiary for children, blended the worst aspects of residential schools and prison camps.
The certification hearing in this matter was held in 2024, with judgment “reserved” by the Court, meaning that we will have to wait for the Court to make a decision about whether the case will be “certified” as a class action.* Further updates will be provided once the Court has ruled on certification.
* Certification means, in general terms, permission to proceed as a “group.” If certification is allowed, then all members of a class can pursue their claims through a single, joint proceeding. If certification is not allowed, then claims will have to be pursued individually.