Muir v. The Queen in right of Alberta

8/19/2019 Muir v. The Queen in right of Alberta

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Indexed as Muir v. Alberta

Muir v. The Queen in right of Alberta

132 D.L.R. (th! "#$ %ourt &ile 'o. #)3 2)*$# +d,onton

Alberta %ourt of Queen-s en/h 0eit . anuar 2$ 1##"

A/tion for da,ages in res4e/t of 5rongful sterili6ation and5rongful /onfine,ent.

7.. &aulds and 8.M. Anderson for 4laintiff.D.9. Le5is :.%. ;lthuis R.&. Talor and L. 'eudorf for

defendant.

0eit .<

8u,,ar

=1> In 1#$# the 4rovin/e 5rongfull surgi/all sterili6ed MsMuir and no5 a/?no5ledges its obligation to 4a da,ages to her.9o5ever the 4rovin/e leaves to the /ourt the deter,ination of ho5 ,u/h the 4rovin/e should 4a. The sterili6ation 5as irreversible@ the testi,on of Ms Muir is su44orted b inde4endenteviden/e and establishes that the 4hsi/al and e,otional da,age

infli/ted b the o4eration 5as /atastro4hi/ for Ms Muir. Thisinur has haunted Ms Muir fro, the ti,e she first learned 5hathad been done through to the ti,e 5hen she full reali6ed thei,4li/ations of the surger. 9er suffering /ontinues even todaand 5ill /ontinue far into the future. The /ourt orders the 4rovin/e to 4a her the ,axi,u, a,ount of da,ages for 4ain andsuffering resulting fro, the sterili6ation allo5ed b the la5<B2$)2) as of 8e4te,ber 1##$ adusted to the date of issue of these reasons.

=2> The da,age infli/ted b the sterili6ation 5as aggravated bthe asso/iated and 5rongful stig,ati6ation of Ms Muir as a ,oron

a highCgrade ,ental defe/tive. This stig,a has hu,iliated Ms Muir ever da of her life in her relations 5ith her fa,il andfriends and 5ith her e,4loers and has ,ar?ed her sin/e she 5asad,itted to the 7rovin/ial Training 8/hool for Mental Defe/tiveson ul 12 1#$$ at the age of 1). e/ause of this hu,iliating/ategori6ation and treat,ent the 4rovin/e 5ill 4a her anadditional B12$))) as aggravated da,ages.

=3> The /ir/u,stan/es of Ms Muir-s sterili6ation 5ere so highC


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handed and so /onte,4tuous of the statutor authorit toeffe/t sterili6ation and 5ere underta?en in an at,os4here thatso little res4e/ted Ms Muir-s hu,an dignit that the /o,,unit-sand the /ourt-s sense of de/en/ is offended. :ere there no other relevant fa/tors the /ourt 5ould order the 4rovin/e to 4a 4unitive da,ages to Ms Muir not b 5a of /o,4ensation to her

for the har, infli/ted on her but rather as 4unish,ent to the 4rovin/e of an additional B2$)))). 9o5ever in this /ase thereare t5o reasons 5h 4unitive da,ages are not i,4osed. &irst alarge a5ard has been ,ade for aggravated da,ages@ b itself thisa5ard 5ill be /ostl to the defendant. 8e/ond the 4rovin/evoluntaril gave u4 5hat 5ould have been a /o,4lete defen/e to MsMuir-s a/tion< Ms Muir did not start her a/tion soon enough. 9adthe 4rovin/e used this defen/e CC /alled a li,itations of a/tiondefen/e CC that 5ould have 4ut an end to Ms Muir-s /lai,. Theeffe/t of /hoosing not to use this defen/e is ,ore thaneuivalent to an a4olog CC it /onstitutes a real atte,4t to ,a?ethings right. As a ,atter of 4oli/ govern,ent a4ologies and

initiatives of this sort to redress histori/al 5rongs should been/ouraged@ 4unishing govern,ents for their histori/al behaviour 5ould have the o44osite effe/t.

=> Ms Muir 5as ad,itted to the defendant-s 7rovin/ial Training8/hool for Mental Defe/tives on ul 12 1#$$ at the age of 1).8he left the s/hool 5ithout having been dis/harged and againstthe advi/e of the s/hool-s ad,inistration 5hen she 5as nearl 21ears old in Mar/h 1#"$. The /ourt finds that Ms Muir 5asi,4ro4erl detained during this de/ade. The 4arti/ular t4e of /onfine,ent of 5hi/h Ms Muir 5as a vi/ti, resulted in ,antravesties to her oung 4erson< loss of libert loss of

re4utation hu,iliation and disgra/e@ 4ain and suffering loss of eno,ent of life loss of nor,al develo4,ental ex4erien/es lossof /ivil rights loss of /onta/t 5ith fa,il and friendssube/tion to institutional dis/i4line. The /ourt a5ards her anadditional B2$)))) for the da,ages /onne/ted 5ith the detention 4lus 4reudg,ent interest fro, 1#"$ to the issuan/e of thesereasons.

=$> Ms Muir /lai,s additional aggravated da,ages of B12$)))relating to the detention be/ause of the failure of thegovern,ent-s agents to adhere to the statutor reuire,ents/on/erning ad,ission the use of s/hool trainees in/luding Ms

Muir as hu,an guinea 4igs for drug resear/h the /onne/tion bet5een the sterili6ation and the detention and other abuse/ondu/t. These ele,ents of aggravation have alread been ta?eninto a//ount in a5arding aggravated da,ages for thesterili6ation. 'o a5ard is ,ade for aggravated da,ages inrelation to the /onfine,ent be/ause this 5ould be a du4li/ationof the earlier a5ard.

="> Ms Muir also /lai,s substantial da,ages be/ause during the


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ti,e she 5as detained at the 7rovin/ial Training 8/hool thegovern,ent failed to 4rovide her 5ith the edu/ation and trainingthat she ,ight other5ise have a/hieved. :hile Ms Muir did havethe abilit to rea/h ,ore than a grade $ edu/ation she hasfailed to 4rove that she has been and 5ill be in a 5orsee,4lo,ent 4osition as a result of the intervention of the

4rovin/e than she 5ould have been had she re,ained out of theinstitution. As su/h no a5ard is ,ade under this heading.

8u,,ar of a5ard

(e/ause /ertain interest ite,s have not et been /al/ulatedthis su,,ar is onl an a44roxi,ation of the total a5ard.!

:rongful sterili6ation7ain and suffering B2$)2)Aggravated da,ages B12$)))7unitive da,ages B )

:rongful /onfine,ent7ain and suffering B2$))))Interest thereon B11$$))Aggravated da,ages B)7ast and futureloss of in/o,e B)Total B*)*)

Index

8u,,ar "##

%ases and authorit /ited "##

1. a/?ground *)2

(a! &a/ts *)2

(b! La5 *12

(i! 8exual sterili6ation legislation *12

(ii! Legislation for the /onfine,ent of ,entaldefe/tives *13

(iii! ;vervie5 of the la5 of da,ages *13

(1! 7ain and suffering *13

(2! Aggravated da,ages *1

(3! 7unitive da,ages *1

(/! 7ro/edure *1$


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2. :itnesses *1$

(a! Ms L. Muir *1"

(b! Dr. 7.+. %o4us *1

(/! Dr. .&. Eeegan *1#

(d! Dr. 7. %alder *2)

(e! Dr. F.A. Liddell *21

(f! 7rofessor F. Robertson *21

(g! Mr. F.'. Eurbatoff *23

(h! Dr. R.I. ro5n *2

(i! Dr. M.:. Tho,4son *2$

3. Da,ages for sterili6ation *2#

(a! Individual a5ard *2#

(b! Is 1#$# or 1##" the right standard b 5hi/h to a5ardda,agesG *2#

(/! 7ain and suffering *31

(d! Aggravated da,ages *32

(e! 7unitive da,ages *3

. Is the Fovern,ent of Alberta liable for the /onfine,ent of Ms MuirG *3"

$. Da,ages for /onfine,ent *3#

(a! 7ain and suffering *3#

(b! Aggravated da,ages *)

(/! Defe/tive edu/ation and training *)

". %osts *

A44endix HAH 7rofessor Robertson-s re4ort on theeugeni/s ba/?ground of the 8exual8terili6ation A/t in Alberta *


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1. a/?ground

(a! &a/ts

=*> Ms Muir 5as born in %algar on ul 1$ 1#. 9er ,other to5ho, I 5ill refer in these reasons as Ms 8/orah 5as in the 3"th

5ee? of her 4regnan/.

=> Ms 8/orah 5as born in 7oland and 5as a Ro,an %atholi/. 8he5as 1 5hen she ,arried for the first ti,e. 8he had ,arried for ase/ond ti,e in 1#2@ her husband 5as one +..D. :hen Ms Muir 5as born Ms 8/orah 5as 2) ears old. 8he alread had given birth tothree other /hildren CC one of 5ho, had died. 8he 5as to have oneother /hild a44roxi,atel t5o ears after Ms Muir 5as born.

=#> Ms 8/orah-s husband 5as a5a at 5ar 5hen Ms Muir 5as born. Atthe ti,e Ms 8/orah 5as living 5ith Mr. 9.F. 8/orah. In thea44li/ation to have Ms Muir ad,itted to the 7rovin/ial Training

8/hool for Mental Defe/tives in 1#$3 Mr. 8/orah is des/ribed asMs Muir-s father. 9e stated that he 5as 1# ears old 5hen Ms Muir 5as born. :hether or not Mr. 8/orah 5as Ms Muir-s biologi/alfather he 5as /ertainl her 4s/hologi/al father CC he 5as theonl father she ever ?ne5. In 'ove,ber 1#" 5hen her husbanddied Ms 8/orah ,arried Mr. 8/orah. Mr. and Ms 8/orahsubseuentl se4arated. Ms 8/orah 5as alive 5hen these 4ro/eedings 5ere /o,,en/ed but she died before the trial. Mr.8/orah also died before the trial.

=1)> Ms 8/orah too? Ms Muir to a 4rovin/ial guidan/e /lini/ in;/tober 1#$1. Ms Muir 5as * ears old at the ti,e. Ms 8/orah

a44arentl gave Leilani-s birth date as une 1" 1#3. This is/learl 5rong@ it /ontradi/ts the eviden/e of the 4rovin/e-sfor,al registration of birth< Do/u,ent A))1. Ms 8/orah a44arentlgave Leilani-s 4re,aturit as seven ,onths@ this is also /learl5rong as it /ontradi/ts the eviden/e of the 4rovin/e-s for,alregistration of birth. Ms 8/orah infor,ed the guidan/e /lini/that she had been a heav drin?er until 1##@ b i,4li/ationthis ,eant that she had been a heav drin?er during her 4regnan/for Leilani. The staff of the guidan/e /lini/ at that ti,e/onsisted of a fa,il 4hsi/ian a 4s/hologist a so/ial 5or?erand a 4erson referred to on the for, as a 4s/hiatrist@ theeviden/e establishes that the 4erson des/ribed as a 4s/hiatrist

Dr. L.. le 0ann although a ,edi/al do/tor never re/eived fulla//reditation as a 4s/hiatrist in +ngland or in %anada.

=11> The fa,il had been referred to the guidan/e /lini/ be/auseLeilani Hsteals 3 or lun/hes 4er da fro, s/hool /hildrenH.Although the s/hool attended b Ms Muir and na,e of Ms Muir-sgrade 1 tea/her 5ere ?no5n to the guidan/e /lini/ there is noinfor,ation about an intelle/tual delas suffered b Ms Muir.Indeed nothing is re4orted about unusual /ondu/t b Ms Muir


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ex/e4t her longCstanding habit of stealing food....

=1*> 'o 4s/ho,etri/ testing of Ms Muir 5as done in 1#$3.

...

=2)> ;n ul 12 1#$$ Ms Muir 5as ad,itted to the 7rovin/ialTraining 8/hool for Mental Defe/tives at Red Deer. The onla44li/ation for, relating to her ad,ission 5as the 1#$3 for,@ it5as not u4dated. The for, anti/i4ates that a 4hsi/ian 5as to5itness the signature of the 4erson giving infor,ation thereb/onfir,ing the infor,ation set out in the a44li/ation@ no 4hsi/ian signed the for,. The for, anti/i4ates that 4s/ho,etri/exa,ination of the 4erson to be ad,itted has been underta?en@ notesting of Ms Muir had been done.

=22> Ms 8/orah using Mr. 8/orah-s na,e signed the follo5ing

for, on the da that Ms Muir 5as ad,itted to the s/hool< HI a,agreeable that sterili6ation be 4erfor,ed on , /hild LellaniMarie 8/orah if this is dee,ed advisable b the 7rovin/ial+ugeni/s oard.H

=23> The eviden/e establishes that Ms Muir 5ould not have beenad,itted to the s/hool if one of her 4arents had not signed thisfor,. The 5ard ad,ission re/ord of Ms Muir-s ad,ission states<

Mental /ondition< 8ee,s intelligent C ,oronDefor,ities or abnor,alities< 3rd finger on both hands defor,ed8/ars and their lo/ation< A nu,ber of ver s,all s/ars on bod

t5o s/ars on right ?nee t5o s/ars on left ?nee s/ar under /hin%ondition of /lothing< rather shabb

=2> ;n De/e,ber 1$ 1#$$ Dr. le 0ann 5rote to the 4s/hologistat the 7rovin/ial Fuidan/e %lini/ in %algar to as? if a 4s/ho,etri/ 5as ever done on Ms Muir. ;n De/e,ber 2) 1#$$ that 4s/hologist re4lied<

The above na,ed /hild 5as referred to the 7rovin/ial Fuidan/e %lini/ on 'ove,ber $ 1#$3. An a44oint,ent 5as ,ade for 'ove,ber 23 1#$3 but the a44oint,ent 5as not ?e4t.

;n 'ove,ber 2* 1#$3 (the 4s/hiatrist atta/hed to 9ol %ross 9os4ital! 4honed to inuire about the /hild as the 4arents had told hi, the had been to the %lini/. Dr. 9anle (the 4s/hiatrist! had seen the /hild in /onsultation at the 9ol %ross 9os4ital. 9e 5as not sure of the diagnosis but thought that there 5as an e,otional involve,ent rather than a 4ri,ar ,ental defi/ien/. The fa,il had ta?en Marie to the Red Deer Fuidan/e %lini/ but the 5ere not seen as an a44oint,ent had not been ,ade.


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;n De/e,ber 1# 1#$$ u4on inuiring Dr. 9anle-s offi/e infor,ed us that there had been no further /onta/t 5ith this girl.

To our ?no5ledge there has never been a 4s/ho,etri/ given

this /hild.

(+,4hasis added.!

=2$> Des4ite re/eiving this infor,ation fro, the %algar Fuidan/e%lini/ so,e six ,onths after Ms Muir had been ad,itted to the7rovin/ial Training 8/hool for Mental Defe/tives (7.T.8.! Dr. le0ann did not arrange for an follo5Cu4 to Dr. 9anle-s re4ort@there 5as no 4s/ho,etri/ testing of Ms Muir@ there 5as noinvestigation into the 4ossible /auses of e,otional involve,ent@there 5as no other a/tion ta?en.

=2*> In une 1#$" an ad,inistrator at the s/hool 5rote to Mr.and Ms 8/orah as follo5s<

I a, en/losing a letter fro, our daughter Lellani 5ho is a trainee at this 8/hool. It has been su/h a long ti,e sin/e Lellani heard fro, ou that she has be/o,e ,ost anxious and has not been able to do her best 5or? at the 8/hool. 8he is beginning to feel ou have forgotten her and that ou 5on-t be /o,ing to see her. As I a, sure this is not the /ase 5ould ou 4lease advise the Medi/al 8u4erintendent 5hen ou 5ill be

/o,ing to visit Lellani and 5hen ou 5ill be having her ho,e for holidas this su,,er.

=2> %onta/t bet5een Mr. and Ms 8/orah and Ms Muir i,4roved after this /o,,uni/ation. Indeed 5hile she 5as a HtraineeH at the7rovin/ial Training 8/hool Ms Muir left the s/hool fro, ti,e toti,e to be 5ith her fa,il. These visits varied in length CC fro,a 5ee?end to a sta of several ,onths- duration. In 'ove,ber1#$" Ms 8/orah 5rote to Dr. le 0ann to ex4lain 5h Lellani hadnot et returned to the 7rovin/ial Training 8/hool. That letter /ontained the follo5ing /o,,ents<

'o5 =Lellani> has a bla/? ee. I 5as sa5ing 5ood 5ith 9arle 5hen I thre5 the 5ood to the side of ,e and it stru/? her suare in the fa/e. 8he does not see,s to understand to sta out of the 5a. 9eaven onl ?no5s 5hen she reall 5ill. I 4ra soon.

=2#> ;n 'ove,ber 1$ 1#$* Ms Muir 5as finall given 4s/ho,etri/testing. 8he had begun to ,enstruate shortl before the test 5asad,inistered. The test behaviour 4ortion of the 4s/hologi/al


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exa,ination re4ort indi/ates< HLellani is a 4rett but i,,atureloo?ing /hild 5ho su/?ed her thu,b /onstantl throughouttesting.H The general findings 5ere< verbal I.Q. *) (borderline! 4erfor,an/e I.Q. " (defe/tive!@ full s/ale I.Q. " (defe/tive!.The individual s/ores on the tests are not re/orded. Thefollo5ing /o,,ent a//o,4anied these results<

The &ull 8/ale I.Q. of " 4la/es Lellani in the Defe/tive %ategor. This level is /onsidered a//urate. 9er to4 level of fun/tion 5ould be onl slightl higher.

The exa,ination re4ort /on/ludes 5ith this 4aragra4h<

Analsis< 0erbal abilities are slightl higher than those reuiring visual ,otor /oCordination. There is /o,4arativel little s/atter on verbal s/ale. 9er thin?ing is 4ri,aril /on/rete although there is s4oradi/ use of fun/tional /on/e4ts. 9er ,e,or is fairl good@ her udg,ent tends to be

4oor. 8he is uite observant< her s/ore on this subtest being 5ithin the average range. 8o/ial anti/i4ations are 5ea?. 0isual ,otor s?ills are average for her level of abilit.

=3)> A /lini/al re/ord also /alled a 4rogress diar 5as ?e4t of Ms Muir-s ex4erien/es at the s/hool. Although there are ,anreferen/e to her la6iness and i,4uden/e there are also re,ar?sof the follo5ing t4e.

anuar 1#$" (first note after ad,ittan/e in ul 1#$$!Lellani is doing ver 5ell at s/hool

anuar 1#$*Lellani has /o,4leted 5or? for Level II in reading and nu,ber 5or? and be/ause of her reading abilit to get ne5 5ords she isreading 5ith others in Level III in H&riends and 'eighboursH. 9er nu,ber 5or? is also u4 to Level III standard.

=31> In 'ove,ber 1#$* Ms Muir-s /ase 5as brought to theattention of the +ugeni/s oard. The diagnosis ,ade b Dr. le0ann 5as HMental defe/tiveC,oronH. nder the headingH7ersonalit 8o/ial 8exH there is the follo5ing entr<HLellani has sho5n a definite interest in the o44osite sex.Hnder the heading H7resent /onditionH the re4ort states in

4art<

Lellani is oung and needs /onsiderabl ,ore training in selfC /ontrol good 5or? habits and 4ersonal /are habits before it is 4ossible to /onsider dis/harge for her and even then she 5ill ,ost li?el need to be 4la/ed in an environ,ent 5here she 5ill re/eive stri/t su4ervision.

(+,4hasis added.! nder the heading HReason for sterili6ationH


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this is the /o,4lete entr< HDanger of the trans,ission to the 4rogen of Mental Defi/ien/ or Disabilit also in/a4able of Intelligent 4arenthood.H

=32> The +ugeni/s oard of Alberta a44roved the sexualsterili6ation of Ms Muir on 'ove,ber 22 1#$*. 8he 5as H4assed

/learH for a sal4inge/to, to be 4erfor,ed b one of a list of na,ed surgeons@ the ter, H4assed /learH 5as used b the +ugeni/soard to ,ean that no additional ste4s had to be 4erfor,edCC obtaining /onsents or further 4s/ho,etri/ testing CC beforethe a/tual sterili6ation /ould be done.

=33> The 7rovin/ial Training 8/hool for Mental Defe/tives 5as not 4ro4osing to dis/harge Ms Muir in 1#$* (5hen the 4s/ho,etri/testing 4re4arator to sterili6ation 5as done and the a44roval of the +ugeni/s oard for the sterili6ation 5as given! or in 1#$#(5hen the sterili6ation 5as a/tuall 4erfor,ed!. Indeed 5henMs Muir left the s/hool in 1#"$ it 5as against the advi/e of the

,edi/al staff.

=3> The /lini/al re/ord or 4rogress diar entries for 1#$ and1#$# are as follo5s<

anuar 1#$If she is in the ,ood Lellani is a ver good little 5or?er butshe usuall reuires a good deal of su4ervision to get there toa//o,4lish anthing. Lellani 5or?s 5ell and is ,a?ing good 4rogress in Level I0.

anuar 1#$#

Lellani is alert and is ,a?ing good 4rogress in Level 0 but her 5or?ing habits are rather untid. 8he is usuall 5ell behaved in/lass.

=3$> ;n anuar 1 1#$# the govern,ent sexuall sterili6ed MsMuir@ a bilateral sal4inge/to, 5as 4erfor,ed b one of a list of na,ed surgeons@ a Hroutine a44ende/to,H 5as 4erfor,ed at thesa,e ti,e@ Dr. le 0ann assisted in the surger. A 4athologre4ort 5as done on Ms Muir-s right and left &allo4ian tubes. Theentire length of both her &allo4ian tubes 5ere re,oved@ theextent of the o4eration resulted in Ms Muir-s sterili6ation beingirreversible. 9er re/ord /ontains no ,ention 5h both tubes 5ere

re,oved in entiret instead of onl a s,all se/tion as 5as donein other /ases. At the sa,e ti,e an a44ende/to, 5as 4erfor,ed.

=2> As noted earlier Dr. le 0ann 5ho 5as the dire/tor of the7rovin/ial Training 8/hool at the ti,e in uestion 5as a ,edi/aldo/tor but not a 4s/hiatrist. 9e died before the a/tion /a,e onfor trial. In 1#$) he 5rote an arti/le for the A,eri/an ournalof Mental Defi/ien/ in 5hi/h he ,ade the follo5ing /o,,ents


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Indeed the 4i/ture of /o,4arison bet5een the nor,al /hild and the idiot ,ight al,ost be a /o,4arison bet5een t5o se4arate s4e/ies. ;n the one hand the gra/eful intelligentl /urious a/tive oung ho,o sa4iens and on the other the gross retarded ani,alisti/ earl 4ri,ate t4e individual. It is on this /lini/al basis that 5e find it diffi/ult to asso/iate

s/hi6o4hrenia as a regressive disease of the ,ind if 5e ,a 4ostulate a s/hi6o4hreni/ state in these idiot t4es. It is rather that the ,ind has a/uired an ar/hai/ for, of thin?ing 5hi/h in the adult is ad,ixed 5ith his /ultural ex4erien/es and in the idiot sho5s itself un/o,4li/ated and 4ri,itive 5ith little distortion. :e feel that this ar/hai/ t4e of thought is ,ore extensive than has thus far been believed to be the /ase.

=3> In 1#$# Dr. le 0ann 5rote an arti/le on the use of trifluo4era6ine as a tranuilli6ing agent in ,entall defe/tive/hildren. In it he ,a?es the follo5ing /o,,ents<

Although substantial nu,bers of /hildren have res4onded adeuatel to /hlor4ro,6ine 4er4hena6ine 4ro,a6ine reser4ine or other atara/ti/ drugs there re,ain signifi/ant nu,bers 5ho have not. e/ause of this 5e /ontinue to s/reen ne5 /o,4ounds for 4ossible use at the training s/hool< a 4reli,inar re4ort des/ribing the effe/ts of trifluo4era6ine in 33 ,entall defe/tive /hildren exhibiting behavioral disorders has alread a44eared. The 4resent re4ort des/ribes the results obtained in 1* 4atients fro, the original stud and an additional 2$ /hildren 5ith behavioral andJor /onvulsant disorders.

=> Mr. %urr a trial 5itness 5ho 5or?ed at the 7.T.8.des/ribes Dr. le 0ann as a /o,4lex 4erson. Mr. %urr 5as sur4risedto hear the des/ri4tion Dr. le 0ann had ,ade of the lo5er grade,ental defe/tives in the 1#$) arti/le. Mr. %urr gave exa,4les of 5hat he /onsidered to be Dr. le 0ann-s /aring attitude for in,ates at the 7.T.8. even if in,ates 5ere of the idiot/lassifi/ation.

Ms Muir /urrentl 5or?s 4artCti,e in a a /afeteria in 0i/toria@ she is a ,e,ber of a union and her hourl 5age is a44roxi,atel B1)." 4er hour. e/ause of the t4e of 5or? she does in this /afeteria she5ould not be ex4e/ted to earn ti4s. Ms Muir lives

inde4endentl attends /hur/h o//asionall gardens 4las bingoand enos needle5or? and reading.

=$)> In the first 1$ ears follo5ing her de4arture fro, the7.T.8. Ms Muir under5ent ,an surgi/al and investigative 4ro/edures in order to deter,ine 5hat had been done to her and if it /ould be reversed<

... CC &ro, 1#*1 to 1#** Dr. &aul?ner 5as Ms Muir-s fa,il


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4hsi/ian. In 8e4te,ber 1#*$ Dr. &aul?ner referred Ms Muir to a 4s/hiatrist Dr. +.M. M/Tavish 5ho 5rote the follo5ing after his ,eeting 5ith Ms Muir<

The 4roble,s =Ms Muir> /o,4lains of and 5ishes hel4 for are 4rett unhel4able. 8he /o,4lains that she has diffi/ult in

a//e4ting the fa/t that due to sterili6ation in her earl teensshe is unable to have /hildren. I 4ointed out to her that this5as a fa/t and had to be a//e4ted. 9er unha44iness in regard toit is understandable and in no sense 4athologi/al ... The da,agedone to her self i,age and to her re4rodu/tive /a4a/it /annot beundone.

(b! La5

(i! 8exual sterili6ation legislation

=$1> 8e/tion (1! of the 8exual 8terili6ation A/t R.8.A. 1#$$

/. 311 e,4o5ered a ,edi/al su4erintendent of a ,ental hos4italto H/ause a 4atient of a ,ental hos4ital 5ho, it is 4ro4osed todis/harge therefro, to be exa,ined b or in the 4resen/e of theoardH 5ith a vie5 to sterili6ation (e,4hasis added!.

=$2> 8e/tion " of the 8exual 8terili6ation A/t established t5ogrounds for sterili6ation na,el that 4ro/reation b the 4ersonunder /onsideration<

"(1! ...

(a! 5ould result in the trans,ission of an ,ental disabilit

or defi/ien/ to his 4rogen or

(b! involves the ris? of ,ental inur either to su/h 4erson or his 4rogen

(+,4hasis added.!

...(ii! Legislation for the /onfine,ent of ,ental defe/tives

=$> 8e/tion $(1! of the Mental Defe/tives A/t R.8.A. 1#$$ /.1## under the heading H7ro/edure Res4e/ting Ad,issionH 4rovided

that<

$(1! A 4erson 5ho desires to have a ,entall defe/tive 4erson 5ho is under his /harge or /ontrol 4la/ed in an institution established for the 4ur4ose under this A/t shall ,a?e a44li/ation to the 8u4erintendent and if after due investigation and u4on re/ei4t of the 4res/ribed for,s 4ro4erl /o,4leted the a44li/ation is a44roved b the 8u4erintendent the ,entall defe/tive 4erson ,a be ad,itted


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b the 8u4erintendent to the institution.

(iii! ;vervie5 of the la5 of da,ages

=$$> This is a tort a/tion@ it ,ust be distinguished for exa,4le fro, an a/tion in /ontra/t. efore da,ages /an be

a5arded the /ourt ,ust find that a 5rong has been done. Theoverriding obe/tive in a5arding da,ages in su/h a la5suit is to/o,4ensate the inured 4erson CC not to 4unish the 5rongdoer. Theobe/tive of the /ourt is to give the 4laintiff finan/ial/o,4ensation for the da,age loss or inur that she hassuffered. A /ourt /an /o,4ensate for finan/ial losses sufferedsu/h as the loss of in/o,e or ex4enses of ,edi/al treat,ent or ex4enses to re4air a /ar. A /ourt /an also /o,4ensate for other t4es of losses su/h as 4hsi/al 4ain and inur to feelings. The/al/ulation of the latter ?ind of da,age is diffi/ult. Mone isa5arded not as dire/t /o,4ensation for 5hat has been lost CC butas an atte,4t to 4rovide 5hat ,one /an do CC ,a?e the real loss

so,e5hat easier to bear. 8o,eti,es the 5rongful a/tion hasnevertheless had so,e benefi/ial effe/ts on the vi/ti,@ /redit,ust be given to the 5rongdoer for an savings for exa,4le thatthe vi/ti, has a/hieved des4ite the 5rongful a/tion of thedefendant.

=$"> The /ourt has the 4o5er to a5ard da,ages under threeheadings< 4ain and suffering aggravated da,ages and 4unitiveda,ages.

(/! 7ro/edure

="2> e/ause the events on 5hi/h this la5suit de4ends ha44enedsu/h a long ti,e ago the 4arties entered into an agree,ent aboutthe use of do/u,ents at trial<

="3> This agree,ent bet5een the 4arties refle/ts la5 and /o,,onsense< the do/u,ents 5ere 4re4ared /onte,4oraneousl 5ith theevents 5ell before the 4ossibilit of an legal a/tion 5as/onsidered. The do/u,ents are usuall the best re/ord of 5hattrans4ired. In a fe5 /ir/u,stan/es the do/u,ents are sus4e/t@those situations 5ill be des/ribed ,ore full in the reasons.

="> Although the defendant has tried to 4ut all relevantdo/u,ents before the /ourt it has been established that so,e of the 7rovin/ial Training 8/hool do/u,ents stored in the subC base,ent of the Mi/hener %entre 5ere destroed in a flood.

2. :itnesses

="$> The /ourt ,a?es the follo5ing assess,ents of the ,aor 5itnesses.


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(a! Ms L. Muir

=""> Ms Muir is not a reliable 5itness about the events of her /hildhood. This is de,onstrated a,ong other eviden/e b<

CC the s/hool attendan/e re/ord 5hi/h sho5s that at leastduring one 4eriod of ti,e during her earl /hildhood Ms Muir attended s/hool regularl rather than s4oradi/all as shere/alls@

CC the eviden/e that suggests that she 5as at the Midna4ore%onvent for a ,u/h shorter 4eriod than she no5 re/alls.

="*> More i,4ortantl Ms Muir is not a reliable 5itness aboutevents that o//urred not long before she left the 7rovin/ialTraining 8/hool. This is ,ainl de,onstrated b the/hara/teri6ation as HbogusH b Ms Muir of letters that she

obviousl 5rote. The eviden/e of the hand5riting ex4ert 7ea/e5hose eviden/e I a//e4t /on/ludes that /ertain letters 5ere5ritten b Ms Muir even though Ms Muir does not no5 re/allhaving 5ritten the,. 9e also establishes that it 5as Ms 8/orahnot Mr. 8/orah 5ho filled out the a44li/ation for, for the7.T.8. and 5ho 5rote to Dr. le 0ann.

="> In addition Ms Muir-s re/olle/tion of her e,4lo,ent sin/eshe left the 7rovin/ial Training 8/hool and of her a44li/ationfor %anada 7ension 7lan benefits is not a//urate.

="#> Therefore Ms Muir-s eviden/e about events in her /hildhood

and beond 5ill usuall onl be relied on if there isinde4endent eviden/e that substantiall su44orts her testi,on.

=*)> There is inde4endent eviden/e to su44ort the follo5ing/on/lusions<

CC Ms Muir had an abnor,al nu,ber of s/rat/hes 5hen she 5asad,itted to the institution@

CC Ms Muir had a ver bad relationshi4 5ith her ,other@

CC Ms Muir 5as denied food 5hen she 5as 5ith her fa,il@

CC Ms Muir 5as sterili6ed@

CC Ms Muir-s a44endix 5as re,oved@

CC 5hile at 7.T.8. Ms Muir 5as dis/i4lined in a harsh andina44ro4riate 5a@

CC 5hile at 7.T.8. Ms Muir 5as essentiall /onfined@


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CC 5hile at 7.T.8. Ms Muir 5as dealt 5ith as if she 5ere a,ental defe/tive@

CC Ms Muir 5as at no greater ris? of having ,entall defe/tive/hildren than anone else in so/iet@

CC nothing in the eviden/e suggests that Ms Muir 5as in/a4ableof intelligent 4arenthood@

...

=#> In addition to the do/u,entar su44ort for his /on/lusions7rofessor Robertson-s assess,ent of the o4erations of the boardis largel /orroborated b the eviden/e of Dr. M. Tho,4son afor,er board ,e,ber and geneti/ist. 9er eviden/e establishes thatthe 4o5ers of the board 5ere used not in a//ordan/e 5ith either s/ientifi/ 4rin/i4les or legislative standards but in su44ort of so/ial 4oli/ about 5ho should be allo5ed to have /hildren in

Alberta. 9er eviden/e also establishes that in ,ost reuests for sterili6ation that /a,e before the board the in,ate 5ould never be dis/harged or it 5ould be a ver long ti,e in the future before an dis/harge 5ere /onte,4lated.

=#$> 7rofessor Robertson-s eviden/e establishes that routinelfro, the 1#3)s on the board freuentl dealt 5ith /ases at therate of 1) ,inutes 4er /ase or less. The ,e,bers of the board hadno infor,ation on the /ases in advan/e of their ,eetings. Thiss4eed of dealing 5ith irreversible de/isions establishes that the board /ould not have ta?en the ti,e to exa,ine the /ases in an,eaningful 5a@ it is obvious that the board relied al,ost

entirel on the re/o,,endation of the exe/utive dire/tor of theinstitution Dr. le 0ann.

=#"> 7rofessor Robertson-s eviden/e about the o4erations of the board is also largel /onfir,ed and /orroborated b the 1#"#lair %o,,ission on Mental 9ealth in Alberta. &or exa,4le7rofessor Robertson /on/luded that there 5ere sste,i/ biases inthe o4eration of the board so that for exa,4le fe,ales ,orethan ,ales and fe,ales fro, +astern +uro4e and %atholi/s andlater fe,ale natives 5ere ,ore li?el to be sterili6ed. This/on/lusion is su44orted b the lair %o,,ission-s /on/lusion<

&urther the sterili6ation of individuals 5ith de4ressed I.Q. ratings attributable to e,otional or delinuen/ or subC /ultural (e.g. Metis! fa/tors 5hi/h are /a4able of so,e degree of a,elioration is o4en to debate.

(+,4hasis added.!

=#*> 9is /on/lusion is also su44orted b other ,aterials referredto in his o4inion. It is obvious that ,u/h of the earl eugeni/s


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,ove,ent in %anada 5as based on a /on/ern b those of ritishsto/? about the 4otential 5ea?ening of the ra/e b i,,igrants.Man earl %anadian so/ialists su/h as .8. :oods5orth author of 8trangers 5ithin our Fates and 5hen he ,oved to Manitobafounder of the %.%.&. CC 5hi/h subseuentl be/a,e the '.D.7.CC5ere ,u/h in favour of ,aintaining ra/ial 4urit in %anada

b eugeni/ interferen/e 5ith the re4rodu/tion of +ast +uro4eans.To,, Douglas originall es4oused eugeni/ 4hiloso4h@ 4robablfrightened b 5hat he sa5 in Fer,an in 1#3" he later turneda5a fro, eugeni/s. In 1# to his great /redit as8as?at/he5an-s Minister of 9ealth he fir,l ree/ted t5o re4ortsre/o,,ending the sterili6ation of the feebleC,inded. In Albertaalso there 5as great /on/ern in so,e uarters about the 4otential negative effe/ts of i,,igration@ this is one of thegrounds on 5hi/h three of the H&a,ous &iveH CC +,il Mur4h Ms;.;. +d5ards and Ms L.%. M/Einne CC a44roved the sexualsterili6ation legislation 5hi/h 5as sadl to have negativeeffe/ts on so ,an 5o,en.

=#> The i,,igration /on/ern 5hi/h resulted in a sste,i/ biasagainst those ,en and 5o,en fro, HsubC/ulturalH ba/?grounds is afa/tor in this /ase< Ms 8/orah 5as born in 7oland and 5as Ro,an%atholi/.

=##> Mr. %urr-s eviden/e also su44orts 7rofessor Robertson-so4inions. 9e testified that one of the things that the /aregivers5ere told 5hen a /hild 5as ad,itted 5as 5hat religion the /hild5as. Also on the issue of the differen/e in the treat,ent of ,ales and fe,ales Mr. %urr testified that at Linden 9ouse CC the,odel s/hool on the 7.T.8. grounds 5here the best of the

govern,ent-s resour/es 5ere /on/entrated bos outnu,bered girls$ to 1.

=1))> 7rofessor Robertson-s re4ort also establishes that 5hilethere 5as /onsiderable su44ort in Alberta in 1#2 for govern,entCs4onsored sexual sterili6ation even then su44ort 5as notunani,ous. In Mar/h 1#2 for exa,4le a Liberal 4oliti/ianas?ed 5hat 5ould ha44en if anone suffered 4hsi/al i,4air,ent asa result of a sterili6ation and if the board 5ould be liable for da,ages or 4rose/ution as a result of its de/isions.

...

=112> =Dr. Tho,4sonKs> eviden/e /on/lusivel establishes that the +ugeni/soard did not ,eet the standards i,4osed on it b thelegislation. 8he a/?no5ledges that the board /ould not CC in MsMuir-s or in ,an other /ases CC be /ertain that an defe/t of the trainee 5ould be 4assed on to the trainee-s offs4ring. Dr.Tho,4son testified that the board unilaterall ,odified thestandard 4assed b the Legislature of Alberta@ in her o4inion


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the legislature had set a standard that 5as unreasonabl toughCC too high to ,eet. T5o illustrations fairl re4resent Dr.Tho,4son-s a44roa/h to the sterili6ation deter,inations.=113> Dr. Tho,4son 5as a ,e,ber of the board that a44roved thesterili6ation of a bo 5ho had a tested IQ of *". 7ersons 5ith anIQ of *) or ,ore 5ere /onsidered to be of nor,al intelligen/e.

This 4arti/ular bo-s level of IQ rating 5as a/hieved des4ite asevere hearing defe/t@ being deaf /ould be assu,ed to have had anegative i,4a/t on the edu/ation that he 5ould have reuired tohave done 5ell on the verbal IQ testing. The 7.T.8. re4ort/o,,ented that this bo had no interest in the o44osite sex butthat he ,asturbated. The re4ort added that he reuired littlesu4ervision in so/ial hgiene. It 5as said that he 5as a 4oor 5or?er. Dr. Tho,4son 5as as?ed 5h she a44roved the sterili6ationof this bo. 8he re4lied that so/ial su//ess is a fa/tor to beta?en into a//ount in a sterili6ation de/ision. :hen the s/hoolre4orted that he 5as a 4oor 5or?er she /on/luded that des4iteall the infor,ation that he 5as a ni/e uiet bo he 5as not

reall fun/tioning in so/iet. 8he said that she 5as being 4rote/tive of hi, 5hen she de/ided to have hi, sterili6ed.

=11> Dr. Tho,4son 5as as?ed 5h she a44roved the sterili6ationof a ,ale ,ongol /hild 5hen it had been ?no5n for de/ades that,ale ,ongols 5ere unli?el to re4rodu/e. 8he re4lied that there5as nothing lost b sterili6ing the ,ale ,ongol@ she thoughteverone 5ould agree 5ith her a44roa/h. 8he thought thatsterili6ation 5ould H,a?e assuran/e doubl sureH.

=11$> Dr. Tho,4son-s a44roa/h to the issue of 5ho should besterili6ed and 5h the legislation /ould be ignored is

re4resentative of the 5a in 5hi/h the board o4erated.

...=121> I do not a//e4t Dr. Tho,4son-s eviden/e that an interestof the trainee in trainees of the o44osite sex 5as not a fa/tor that 5as ta?en into a//ount in deter,ining if a sterili6ation 5asto be 4erfor,ed@ it is disingenuous of her to advan/e thato4inion. Infor,ation about interest in the o44osite sex 5as a/o,4onent of the li,ited infor,ation 4rovided to ,e,bers of the board. Dr. Tho,4son never arranged for the re,oval of thatinfor,ation. It see,s /lear fro, her eviden/e that 4ersons 5ho5ere brought before her 5ere unli?el to be dis/harged@ one /an

onl /on/lude therefore that the sterili6ation 5as done 4ri,aril to /ontrol sexual a/tivit in the institution rather than for an of the 4ur4oses set out in the legislation. As earlas 1#32 5e find the follo5ing letter 5ritten b the/o,,issioner of ,ental institutions in this 4rovin/e to the,edi/al su4erintendent of the randon Medi/al 9os4ital<

:ith res4e/t to ,ental defe/tive girls it is i,4ortant to re,e,ber that 5hile one ,a ta?e /han/es 5ith a girl released


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fro, stri/t su4ervision she still does reuire su4ervision if there are sex 4ro4ensities. It is I thin? /orre/t to sa ho5ever that the onl ones 5e have had trouble 5ith in this res4e/t have sho5n ver ,ar?ed tenden/ies to sexual delinuen/ before o4eration but undoubtedl su4ervision of a general /hara/ter after the o4eration and dis/harge is

advisable.

=123> &ro, the beginning to the end of its o4erations /on/ernsabout sexual tenden/ies of the Hin,atesH of the 7.T.8. 5ere atthe forefront of the ad,inistrators- attentions.

=12> I do not a//e4t Dr. Tho,4son-s eviden/e /on/erning thedis/ussions that she had 5ith Dr. le 0ann regarding the ta?ing of testi/ular tissue fro, vase/to,i6ed or /astrated trainees< othshe and Dr. le 0ann 5ere /ondu/ting studies of H,ale ,ongolsH,ales 5ith Do5n-s sndro,e. 8he gave Dr. le 0ann detailedinstru/tions about ho5 to ta?e sa,4les of the tissue that

resulted fro, the sterili6ation. In all the /ir/u,stan/es this/onstituted en/ourage,ent to Dr. le 0ann to use the trainees as,edi/al guinea 4igs. This is all the ,ore re4ugnant be/ause fro,the 1#)s on Dr. Tho,4son and the board ?ne5 as did all thoseinvolved in geneti/s that ,ale H,ongolsH are infertile< their sterili6ation 5as unne/essar.

=12$> Dr. Tho,4son-s eviden/e de,onstrates that the o4erations of the board initiated on a 4ur4orted s/ientifi/ rationaledegenerated into uns/ientifi/ 4ra/ti/es. The de/isions of the board 5ere not ,ade a//ording to the standards i,4osed on the, bthe legislation but be/ause the ,e,bers of the board li?e Dr.

Tho,4son thought that it 5as so/iall a44ro4riate to /ontrolre4rodu/tion of Hthese 4eo4leH.

=12"> I do not a//e4t Dr. Tho,4son-s eviden/e that /are 5as ta?en b the board in de/iding the fate of ea/h individual trainee brought before it. Irreversible de/isions 5ere obviousl ,ade onthe fli,siest of eviden/e CC 5ithout an true s/ientifi/investigation of the eugeni/s situation of ea/h trainee. Dr.Tho,4son testified that ,ost of the 4eo4le 5ho /a,e before the board /ould not read 5rite or /ount and /ould not dress or feedthe,selves. The board-s and the s/hool-s o5n re/ords a,4l refutesu/h assertions. Mini,al investigation 5ould have dis/losed the

abilities of the trainees 5ho 5ere 4resented for sterili6ation.

3. Da,ages for sterili6ation

=1*> The eviden/e establishes that the govern,ent a/ted in ahighChanded 5a 5hen it ignored its o5n legislation andsterili6ed her before she 5as read to be dis/harged. If the


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govern,ent had follo5ed its o5n legislation Ms Muir 5ould never have been sterili6ed be/ause she 5as never read for dis/harge.

=1> Moreover the eviden/e establishes that the /ondu/t of thegovern,ent in labelling Ms Muir a ,ental defe/tive 5as highChanded and o44ressive. The eviden/e 4roves beond a doubt

that the govern,ent did not follo5 its o5n legislation 4ra/ti/esand 4ro/edures 5hen it labelled Ms Muir a ,oron. It ignoredadvi/e fro, an ex4ert that Ms Muir-s 4roble,s 5ere e,otional not,ental@ it ignored the servi/es of so/ial 5or?ers and 4s/hologists 5ho ,ight have assisted in obtaining infor,ationabout Ms Muir-s ba/?ground@ it failed to reuire /o,4lian/e 5iththe ,ini,u, safeguards 5hi/h it had established CC signature b a 4hsi/ian attesting to the validit of ad,ission infor,ationCC and 4s/ho,etri/ testing. efore ad,itting her to aninstitution 5here she 5ould be sterili6ed and stig,ati6ed thegovern,ent a/?no5ledged that it had obtained onl /ursorinfor,ation. This 5as not an e,ergen/ situation@ there 5ere

alternatives that 5ere available in/luding foster ho,es and grou4ho,es.

CC be/ause the govern,ent-s o5n standards for sterili6ation 5ereignored in Ms Muir-s /ase the /ondu/t of the govern,ent 5as ,orethan negligent it 5as intentional. The sterili6ation be/a,e anassault and batter@

... CC the board not onl authori6ed sexual sterili6ations andtolerated routine but ,edi/all unne/essar a44ende/to,ies butalso routinel authori6ed nonC,edi/all ne/essar 4ro/esses su/has bio4sies of testi/ular tissue. In so,e /ases the board

dire/ted a vase/to, onl but 4artial /astration b unilateralor/hide/to, 5as /arried out. In so,e /ases the board authori6edthe hstere/to, or oo4hore/to, (re,oval of the ovaries! inorder to eli,inate ,enstruation in fe,ales@ a//ording to thelanguage of one t4i/al /ase the fe,ale trainees 5ere Hdiffi/ultto handle and to ?ee4 /lean during ,enstrual 4eriodsH. Theseo4erations 5ere also ordered 5here fe,ale trainees ,asturbated or had lesbian tenden/ies.

=1$3> The defendant-s a/tions 5ere unla5ful offensive andoutrageous. 7unitive da,ages in the a,ount of B2$)))) suggested b Ms Muir 5ould /ertainl have been ordered had it not been for

the fa/t that the govern,ent allo5ed Ms Muir to bring thisa/tion. It /ould have 4ut an end to her /lai,@ her /lai, 5as ,adetoo late and the govern,ent /ould have used this dela as a/o,4lete ans5er to all of Ms Muir-s /lai,s. This deliberateabandon,ent of a /o,4lete defen/e is in the nature of an a4olog.Indeed it is ,ore than an a4olog< it is an a,end,ent CC a realeffort to ,a?e things right. As a ,atter of 4ubli/ 4oli/ thisand other govern,ents should be en/ouraged to re/ogni6ehistori/al 5rongs and to ,a?e fair a,ends for the,. The should


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not be 4unished for doing so.

=1$> I note also that the govern,ent re/ogni6ed in 1#*2 5henit abolished the 8exual 8terili6ation A/t that the for,er 4oli/of govern,ent in this area 5as 5rong.

=1"*> Ms Muir lived at the residential s/hool for al,ost ade/ade. 9er eviden/e on the /onditions in 5hi/h she lived islargel /orroborated b Mr. %urr. The ,ain in/idents of thisdetention are<

CC loss of 4riva/< as ,erel one exa,4le of the intrusivenature of the detention Ms Muir-s ,enstrual //les 5ere thesube/t of extensive re/ordC?ee4ing. Also Ms Muir-s/orres4onden/e fro, the s/hool and the /orres4onden/e to her5as ,onitored and regulated b the institution@

CC loss of libert< as ,erel one exa,4le of the regulation of /ondu/t 5hile she 5as detained is the eviden/e that she had tohave 4er,ission fro, the s/hool authorities to go to different 4arts of the institution su/h as hel4ing in the laundr roo, or to hel4 those in,ates 5ho 5ere bedridden. Ms Muir testified thatshe 5as not allo5ed to leave the s/hool 4re,ises (ex/e4t for authori6ed ho,e visits! until at age 1 or so she 5as sent out b the s/hool as dail household labour in residen/es /hosen bthe s/hool. Mr %urr-s eviden/e on this 4oint is es4e/ialltelling be/ause he is obviousl ver 5ell dis4osed to Dr. le0ann@ none the less Mr. %urr gave eviden/e of 5hat 5as reall

ha44ening at the 7rovin/ial Training 8/hool on the issue of detention rather than 5hat the re4orts 5ere touting as an Ho4enHat,os4here. Moreover the s/hool deter,ined 5hi/h visitors MsMuir /ould have@ 5hen a Mrs. 9e4ner for exa,4le offered to ta?eMs Muir during a %hrist,as va/ation the s/hool 5ould not allo5the visit to ta?e 4la/e@

CC i,4osition of institutional dis/i4line< as ,erel one exa,4leof the extre,e for, of dis/i4line i,4osed b the institution isthe fa/t that for 4unish,ent Ms Muir 5as ,ade to dia4er adultHin,atesH 5ho had lost /ontrol of their bo5el fun/tions andshe 5as ,ade to eat ,ush 5ith a s4oon. 8he 5as sent to 5ards 5ith

straitCa/?eted in,ates 5here she s/rubbed floors did other si,ilar 5or? sle4t in a s,all /e,ent roo, 5ith a rubber ,attress and ate out of a tin bo5l@

CC ad,inistration of drugs to /ontrol behaviour< ,an antiC 4s/hoti/ drugs 5ere ad,inistered to Ms Muir des4ite the fa/tthat she 5as not 4s/hoti/. Indeed it a44ears fro, his 4ubli/ations in 4rofessional ournals that Dr. le 0ann used MsMuir and others as a ,eans of testing the su//ess of different


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drug treat,ents.

Thus the eviden/e /learl sho5s that the govern,ent is liablefor Ms Muir-s /onfine,ent.

...

Documents

Muir v. The Queen in right of Alberta