Judge approves $17M settlement in suit against province for abuse, neglect at Manitoba Developmental Centre

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This article was published 17/08/2023 (799 days ago), so information in it may no longer be current.

A Court of King’s Bench judge has issued her written decision on the approval of a $17-million settlement in a class-action lawsuit against the provincial government that alleged abuse and neglect at a Portage la Prairie centre for people with intellectual disabilities.

David Weremy, 79, who lived at the Manitoba Developmental Centre in the 1950s, ’60s and ’70s, filed the lawsuit in 2018.

Court of King’s Bench Justice Candace Grammond certified the suit as a class action in 2020, with approximately 1,362 class members.

A proposed settlement was reached last December, but required court approval. The claimant’s lawyers then filed a motion in April to have the court approve the settlement in May. The province did not oppose the motion.

“For decades, (residents) endured physical and sexual abuse, and other harm, at MDC,” Grammond said in her written judgment, which includes further details of the terms of the settlement.

Weremy’s statement of claim initially sought $50 million. The court papers alleged staff beat residents, deprived them of food and allowed sexual assaults to occur between residents.

The terms include that the province set up the $17 million settlement fund and provide a number of reconciliation initiatives to those who suffered, including an apology from the government in the legislature.

Premier Heather Stefanson issued that apology on June 1. A government spokesperson said Thursday that the settlement fund has been established and that province is proceeding with some of the reconciliation initiatives.

The province will also set up a $1 million endowment fund with the Winnipeg Foundation, drawn from the settlement fund, which will be used to fund initiatives and projects to promote or support the inclusion of Manitobans with intellectual and developmental disabilities.

The government was also told to allocate $50,000 for audio-visual productions about the stories of the residents who sued and the centre’s history, and $150,000 to reimburse claimants for mental-health care related to renewed trauma they might experience while filing a claim.

Manitoba will also erect a memorial on the grounds of the centre’s cemetery and preserve the ground, including with efforts to have it designated a historic site.

The claimants will be eligible for individual payments ranging from $3,000 to $85,000.

Those eligible for a $3,000 payment will just need to affirm that they were harmed while a resident at the centre, while those who suffered more serious harm, including physical or sexual assaults by staff or other residents, can apply for compensation between $4,500 and $85,000, but those claims will be reviewed by an administrator.

The Manitoba government initially denied the allegations in a 2019 statement of defence, saying the centre was run in accordance with the standards of care at the time.

The provincial government opened the centre in Portage la Prairie in 1890s. At its height in the 1970s, some 1,200 people lived there, but it is now home to just 76. The province stopped accepting new residents there in 1996, except for short-term and court-ordered placements.

The province has said the home will be closed for good by the end of March. People with disabilities will be housed in the community, with supports. The government spokesperson said Thursday that plan is on track.

erik.pindera@freepress.mb.ca