APPENDIX A Legal Correspondence

MERCHANT LAW GROUP

Eau Claire Place II

#340, 521 3rd Avenue SW

Calgary, Alberta, Canada T2P 3T3

CHRISTOPHER T. THAN

February 18, 2003Our File No.: 395304

Field Atkinson Perraton LLP

Barristers & Solicitors

#2000, 10235 – 101st St.

Edmonton, AB T5J 3G1

Dear Sir/Madam:

Re: Merchant Law Group Candidate for Test Trial Plaintiffs

1. Name: Arthur Bear Chief;
2. Action No.: 9901-03253;
3. Defendants: Attorney General of Canada and William Starr;
4. Third Parties: The General Synod of the Anglican Church of Canada, The Missionary Society of the Anglican Church of Canada, The Synod of the Diocese of Calgary and William Starr;
5. Age: June 25, 1942 (60 years old);
6. Gender: Male;
7. School: Old Sun’s Residential School, Gleichen, Alberta;
8. Period of Placement: 1949–1959 (10 years);
9. Status: Status Indian;
10. Treaty Area: Treaty 7;
11. Language: Blackfoot;
12. Cultural Abuse prior to Residential Schools taught: Sun Dance: Tobacco dance; The Holy Hand Game; Three Grass drumming; Grandmother’s second husband, Little Light, Medicine Bundle Holder, was allowed to observe; Ghost Dance (witness); Plaintiff did not speak English prior to Residential School attendance;
13. Sexual Abuse: William Starr;
14. Physical Abuse: Unknown female and male supervisors – Reverend Cole, William Starr, Robert Jones (Supervisor, Assistant to William Starr), Captain Tremaine (Teacher);
15. Reasons for Selection: This Plaintiff is a victim of William Starr - Physical/Sexual abuse. The opportunity to connect liability with the Federal Government and the Anglican Church, which were convicted perpetrators, is great. This gentleman is an excellent witness who is incredibly well-spoken and is very intelligent. Mr. Bear Chief is beginning to understand what has happened to him and how it has affected his life. We anticipate. that by the time of trial, this Plaintiff will be able to intelligently present to the Court his Residential School experiences and how they have affected him throughout his life to the fullest extent possible.

Yours truly,

MERCHANT LAW GROUP

CHRISTOPHER T. THAN

CTT/sdg

May 12, 2003

MERCHANT LAW GROUP

Barristers and Solicitors

#200, 521 – 3rd avenue S.W.

Calgary, Alberta. T2P 3T3

Attention Mr. Tom Stepper

I was told that you are going to be away until the end of May. I did speak with your new assistant, who did not have any knowledge of my case, so she could not help me.

Tom, I will not sit on my thumb all summer waiting for the government to come up with a reasonable settlement offer. Either they seriously negotiate, with you pushing, or I am prepared to go to court and I will not wave my rights to any portions of my claim if it goes that far.

I am tired of waiting. I have gone through a lot and to add to the insult I have to beg practically on my hands and knees to get anything from the government and the church. That to me insults me as a human being of worth who did not ask for all of this to happen.

I will wait and if there is no significant movement on the government part then I will definitely give you a time frame to work with.

Tom, you have to actively push this to determine if they want to settle it with good faith.

When you get back from your holidays please call me. I look forward to hearing from you.

Yours Truly

Arthur Bear Chief

MERCHANT LAW GROUP

Eau Claire Place II, #340, 521 3 Avenue, SW

Calgary, Alberta, Canada T2P 3T3

June 1, 2006

“WITHOUT PREJUDICE”

Department of Justice

Edmonton Office

211, 10199 - 101 Street

Edmonton, Alberta T5J 3Y4

Attn: Graham Laschuk, Counsel

Dear Sir:

RE: BEARCHIEF, Arthur v Attorney General of Canada et al Old Sun Residential School — 9901 03253

Arthur Bearchief attended the Old Sun Residential School from 1949 to 1959. He also attended St. Paul’s Residential School for 4 months from September to December 1959.

We are enclosing the following:

1. Psychologist Report — Donna Gould.
2. Treatment notes of Gleichen Medical Centre dated January 15, 2003 and treatment notes of Gleichen Medical Centre dated May 12, 2006.

PHYSICAL ABUSE — WILLIAM STARR/ROBERT JONES/CAPTAIN TREMAINE

1. William Starr

   Sunday was known as “Pay Day” as any students who had acquired demerit marks (i.e. for speaking Blackfoot) were made to strip Sunday night in the dorm and were strapped on the buttocks by William Starr. Arthur would have red welts after the strappings. One time Arthur received 15 lashes and had trouble sitting for a week. Mr. Bearchief does not recall any Sunday when he was not strapped. William Starr was at Old Sun for 4–5 years (1950–1955) so that was how long the Sunday strappings continued. ((Transcript) T00123)

   In addition he was strapped on the hands by William Starr on average of 2–3 times per week. (T00117–00120)

2. He was also terrorized by Robert Jones.

   On one occasion Arthur and about 20 boys were threatened by Robert Jones while in the playroom. (Robert Jones was an assistant to William Starr). During the incident in the playroom Robert Jones had a gun and was accompanied by a large black dog and asked the boys if “anyone was man enough to come through him.” (T00120-00122)

   On another occasion Arthur saw William Starr hold Ralph Stimson in a head-lock during which time he punched Ralph in the face. The older boys were held at bay during the attack by Robert Jones with his gun.

3. Captain Tremaine

   Arthur witnessed Captain Tremaine pounding George Turning Calf’s face into the wall 5–6 times until the wall was covered with blood. (T00125)

   Arthur Bearchief was slapped around the head by Captain Treamine a couple of times. (T00127)

   Mr. Bearchief indicated that he has suppressed many incidents over the years but that he remembered that the beatings were a regular occurrence. (T00127)

SEXUAL ASSAULT (T00128–T00130)

Arthur was sexually assaulted by William Starr on two occasions.

1. William Starr came into the dormitory where Arthur slept in a bed with his friend Nelson Wolf Leg, William Starr got into bed with both of them. Arthur remembers William Starr forcing him to fondle his penis and once he had a full erection he made Arthur sit on top of him with Starr’s penis between Arthur’s legs while he moved up and down during which time he continued to fondle Nelson Wolf Leg. After Starr ejaculated the boys were made to rub the ejaculated liquid over Starr’s body and over themselves. The next morning they both were given bags of candy.

   Nelson and Arthur made a pact to never talk about anything that happened until one or the other was dead. Nelson died an alcoholic on the streets of Calgary and had spent much of his life in jail.

2. After the first incident, William Starr came and took Nelson from the bed and took him into his room, despite the fact that Arthur tried to hold onto Nelson. (T00133–00134)

   The boys in the dorm room always knew who had been taken at night by Starr as whoever the boy happened to be he always had a bag of candy the next morning. (T00135)

3. Arthur was taken from his bed by William Starr when he was 9 or 10 years of age and taken to Starr’s room. He remembers Starr fondling him and partially penetrating him from behind but Arthur cried so much that Starr made Arthur cross his legs and Starr ejaculated all over him. (T00139) When Starr fell asleep Arthur returned to his bed and he and Nelson cried. (T00136)

   Arthur received a bag of candy after the incident. (T00138)

The first person Arthur spoke to about the abuse was Tom Stepper of the Merchant Law Group. Arthur saw a psychologist, Donna Gould, and spent a lot of his time during his sessions with Ms. Gould crying as he relived the incidents of sexual abuse. (T00140 & 141)

SEXUAL ASSAULT and HARM

We further submit that the two incidents of sexual abuse by William Starr are credible as they indicate a similar “modus operandi” of Starr, a convicted pedophile with hundreds of assaults.

Donna Gould, Psychologist, says that it seems likely that he suffered with symptoms of post-traumatic stress disorder as a child, adolescent, and adult.

“Arthur reports continuing to have had nightmares and flashbacks of the sexual abuse as an adult. He subsequently turned to alcohol to cope with the traumatic memories. The results of the Index of Self-Esteem reveal that Arthur’s self-esteem is so damaged that he is at risk for depression. He has become aware of the legacy of the unresolved abuse issues, especially as it related to his barriers to intimacy and use of alcohol to cope with the symptoms of Post-traumatic Stress Disorder. Arthur still feels ‘dirty’ after participating in consensual adult sexual activity. He has overcome many difficulties even though the abuses he endured left him unable to trust most others. Left in the wake are two broken marriages, estranged children, low self-esteem, and alcohol dependency.”

PHYSICAL ASSAULT

When Arthur was married to his second wife, Barb, he began to realize the impact Residential School had on him. He had nightmares and woke up screaming “don’t hurt me.” (T00167)

Arthur had problems with alcohol requiring attendance at a Treatment Centre (see Doctor’s notes). (T00168)

After completing two years of Social Work (1970–1973) Arthur stated, “I started realizing, I started making connections and I said to myself maybe because of what I went through, maybe that’s what’s affecting me. Maybe I need to deal with the past. But I never did that then.”

PROPOSAL

PHYSICAL ASSAULT

We submit that the weekly strappings Arthur received were beyond the standard of the day. Being terrorized and threatened at gunpoint by Robert Jones and his dog was also outside the standard of the day. Witnessing Ralph Stimson being pummeled by Starr, (resulting in Starr’s termination) and witnessing a fellow student’s head being pounded into the wall by Captain Tremaine would be traumatizing events for a young Arthur.

FUTURE CARE

Donna Gould, Psychologist recommends a further 15–20 hours of counselling.

Psychologists are now charging from $175.00 per hour in Alberta, therefore we require further funds for counselling in the amount of $3,500.00.

We would recommend settlement of:

We would remind you that our client now has Picks Disease (a form of dementia). The Statement of Claim was filed in 1999 and Examination for Discovery took place in October 2002. Our client is anxious to resolve this matter and seek further counselling.

Thank you for your immediate attention to this proposal.

Yours truly,

MERCHANT LAW GROUP

JANE ANN SUMMERS

JAS/dmp/enc