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Form 39.

08
2011
BETWEEN:
SUPREME COURT OF NOVA SCQ)iJ'ff',., z
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Hfx. No. 343536
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FEB 1 7 2012
AUBREY PELLEY and DEANNA SMITH
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-AND-
THE NOVA SCOTIA HOME FOR COLORED CHILDREN, a body
corporate and THE ATTORNEY GENERAL OF NOVA SCOTIA,
representing Her Majesty the Queen in right of the Province of Nova
Scotia
DEFENDANTS
Proceeding under the Class Proceedings Act, S.N.S 2007, c. 28
Affidavit of Deanna Smith
I, Deanna Smith, of the city of Calgary in the Province of Alberta, MAKE OATH
AND SAY THAT:
1. I am a proposed representative plaintiff in this action. I have knowledge deposed
to below. Where my knowledge is based on information obtained from others, I have so
stated below, and I believe that information to be true.
2. I am providing this affidavit in support of the Plaintiffs' motion to have the within
proposed class proceeding certified as a class proceeding.
3. I was born in Nova Scotia on August 16, 1965. I have two sisters and one
brother. My oldest sibling is six years older than my youngest sibling.
4. My siblings and I spent our early years growing up in Truro, Nova Scotia. We
were raised by my mother and father. Between approximately 1975 and 1976 my
parents separated and my mother suffered a nervous breakdown. Concerned about her
ability to take care of my siblings and me, she called Child Welfare.
5. Within days of my mother calling Child Welfare, a child care worker came to our
house and picked up my siblings and me. After we packed up our personal belongings
we were ushered into a car.
6. The childcare worker told us that we were going to live at the Nova Scotia Home
for Coloured Children (the "Home") until my mother got the help she needed. My oldest
sibling reassured us by telling us that she would take care of us and that everything
would be alright as long as we were together.
7. I recall arriving at the Home for the first time. The child welfare worker drove us
up to a large white house. A female staff member came outside to greet us. The child
welfare worker got out of the car, told the Home staff our names, and then left us. She
did not enter the Home. The female staff then brought us inside and showed us around.
8. I spent the next three or four years of my life at the Home. During this time I
witnessed many abuses being committed on residents. I was the victim of many such
abuses.
9. Staff members, most of whose names I cannot remember, were always putting
residents down with mean remarks. I witnessed daily emotional abuses where young
children would be told by staff members that they were "stupid", "useless" and that they
"would amount to nothing". I recall that Sherri Bernard, Mrs. Florence Bundy, and Mrs.
Johnson were some of the staff members who were particularly verbally abusive.
10. Mrs. Florence Bundy would shout at me often. She was constantly calling me
"stupid", "an idiot" and "a bitch". She would do this openly, in the presence of other
residents and staff.
11. On numerous occasions, Mrs. Florence Bundy threw shoes at my body and
head. When she became particularly angry she would punch me. She never punched
my face, only my body.
12. I witnessed other staff members beating other residents. In particular I witnessed
Sherri Bernard repeatedly hit a young female resident.
13. Each resident was given a small allowance. Staff members would withhold these
allowances, and desserts, in exchange for our cooperation in certain things. For
example, a male staff member named Georgie Williams would withhold allowances from
female residents until they kissed him on the lips.
14. Georgie Williams was also the Home's main driver. It was well known at the
Home among residents and staff that Georgie Williams almost exclusively drove female
residents. If residents wanted a drive from Georgie Williams to certain locations, it was
understood that you would have to perform sexual favours on him. There were many
occasions when I had to perform sexual favours on Georgie Williams in exchange for
drives.
15. There were two beds in each bedroom. Each resident had a roommate. I was
particularly concerned about my privacy. I did not want to change in front of others but I
had no choice. We were rarely permitted to close our doors. They had to stay open all
night. This rule was enforced by male staff "on duty" during the evenings.
16. Georgie Williams was "on duty" at least two to three nights per week. Every such
night he would make his rounds. He would enter the bedroom of each female resident
via the open door to check on them. In my case, every evening he entered my bedroom
he would sit on my bed. He would then proceed to lean over and slide his hand down
the sheets and touch my vagina and breasts. He would ask me if I wanted to "touch
his". I would say no, or else stay silent. This never stopped him. While touching me, he
would take out his penis and tell me to touch it. I was scared of him so I usually would.
17. I witnessed him do this to several other girls, including my sister and my
roommate. I became very fearful of Georgie Williams to the point that I began wetting
my bed. I know that others had similar issues with wetting the bed. Some mornings, the
Home's staff would change our sheets. Other mornings, despite knowing about the wet
bed, they would not and I would have to sleep on urine-smelling sheets the following
night.
18. Georgie Williams and other staff members whose names I cannot recall would
organize what can best be described as "sex shows" among the young residents. I
believe one of the other staff members who arranged these shows was "Donnie
Downey" but I am not certain.
19. Georgie Williams and the other staff would recruit some of the larger, older
residents to intimidate the young residents. I recall that two of the larger, older residents
recruited by the Home's staff to do this were "sisters". I do not know if they were
biological sisters. It was well known amongst staff that the young residents were scared
of these sisters.
20. Georgie Williams and the other staff would choose which young residents to
target on any given evening. Once selected, the staff, the sisters and the young
residents would go in a bedroom. The sisters would intimidate the young residents into
getting completely naked. If a resident refused, they would be beaten and allowance
and other privileges would be taken away.
21. On one of the early occasions when I was made to participate, I refused to
undress in front of the staff and sisters. One of the sisters proceeded to pull my hair and
yell at me. This lasted for a long lime. When it became clear that she was not going to
let go until I undressed, I complied. Georgie Williams was in the room on this occasion,
like he was on every occasion.
22. Once the young residents were undressed, they would be placed onto the bed.
Georgie Williams, other staff members and the sisters would whisper to each other next
to the bed. These whispers were interrupted only to instruct the young residents in the
bed to perform a variety of sexual acts on each other.
23. AI the instruction of Georgie Williams, and other staff, and while they watched,
young residents would engage in fondling, oral sex and sexual intercourse with each
other.
24. I was a victim of this on many occasions. I was forced to have sex with numerous
young boys while Georgie Williams and other staff looked on. I was forced to have sex
with young girls.
25. Given the mandatory "open door" policy, I witnessed the similar victimization of
numerous other young residents. There were numerous occasions where I, and other
residents, peeked into the open door of a bedroom to witness the Home staff instructing
young residents to perform a variety of sexual acts on each other and watching them as
they carried out these instructions.
26. One young resident who was particularly victimized in this regard was named
David. David was mentally challenged. On numerous times, Georgie Williams and other
staff brought David and a young female resident into a bedroom, instructed them to get
undressed, told the young female resident to lie naked on the bed and then told David
what to do to her. They would watch as David would follow their instructions and commit
various sexual acts on the young female. I have been the young female resident
described in this paragraph on several occasions.
27. I know that David, like me and other residents, routinely wet the bed. He
complained all the time that his bed smelled like urine.
28. My roommate was also the victim of repeated physical, verbal and sexual
abuses. She kept a diary and wrote in it every day. She did not have a journal so she
wrote on looseleaf and kept the pages in a binder. I often witnessed her cry as she
wrote in her diary of the abuses she experienced and witnessed at the Home. I admired
her strength and would often ask "how can you write this stuff?" and "what if the wrong
people read this?"
29. I witnessed on numerous occasions Georgie Williams and Sherri Bernard taking
her diary pages from her. This would greatly upset her. After each time, my roommate
would resume writing, only to have her diary taken from her again at some future date. I
believe that Georgie Williams and Sherri Bernard know what was written on the pages
they took from her. I do not know what happened to my roommate's diary pages.
30. I recall receiving a visit from a child welfare worker on one or two occasions in
my first year. During my last two to three years I do not recall being visited by a child
welfare worker to see how I was doing.
31. I was close with a female staff member whose name I believe to have been
"Susan Mills". I told Ms. Mills about what Georgie Williams was doing to me. I later
realized that Ms. Mills was very close with Georgie Williams. They were relatives or
good friends.
32. I have never spoken about the abuses I witnessed or suffered at the Home with
any other former resident, including my own siblings.
MY ROLE AS REPRESENTATIVE PLAINTIFF
33. I am prepared to act as a representative plaintiff in this action if it is certified as a
class action.
34. My lawyers have explained to me that the major steps in a class action are
generally as follows:
(a) the action is started by the issuance of the statement of claim;
(b) the court is asked to certify the action as a class proceeding in a motion
for certification;
(c) if the court certifies the action as a class proceeding, notice of the
certification order will be given to Class Members who are given the
opportunity to opt-out of the class action within a fixed period;
(d) discovery of documents (listing and production of relevant documents);
(e) examination for discovery (lawyers asking me questions);
(f) pre-trial conferences (where a judge may help the parties explore the
possibility of settlement);
(g) trial of the common issues;
(h) notice to the class if individual participation is required;
(i) determination of individual issues, if required (I understand that who gets
how much may be decided at this stage);
G) distribution of proceeds of resolution by way of judgment or settlement;
(k) appeals (at various stages); and
(I) settlement (at any time)
35. My lawyers have also explained to me that, in agreeing to seek and accept an
appointment by the Court as a representative plaintiff, it is my responsibility, among
other things:
(a) to become familiar with the issues to be decided by the Court;
(b) to review, as requested, the statement of claim and any amendments;
(c) to assist in the preparation and execution of an affidavit in support of the
motion for certification;
(d) to attend if necessary, with my counsel to be cross-examined on my
affidavit;
(e) to attend, if necessary, with my counsel for an examination for discovery
where I will be asked questions;
(f) to assist, if necessary in the preparation and execution of a list of
documents (listing relevant documents I have);
(g) to attend, if necessary, with counsel at the trial and give evidence
regarding the case;
(h) to receive briefings from class counsel from time to time;
(i) to provide instructions to class counsel with respect to the prosecution of
this action and to instruct counsel with respect to any settlement initiatives
that may arise;
(j) to express my opinion to my counsel and to the court if settlement
positions are to be formulated; and
(k) to assist in the preparation of and sign an affidavit in support of court
approval of any settlement.
36. I accept these responsibilities.
37. To date I have taken the following steps and others to fairly and adequately
represent the interests of the Class Members:
(a) I retained the law firm of Wagners to be my counsel;
(b) I have reviewed the Statement of Claim;
(c) I communicated with members of Wagners on a number of occasions; and
(d) I provided information for the drafting of this affidavit.
38. I intend to take the following steps to continue to fairly and adequately represent
the interests of the Class Members:
(a) to interact with other Class Members receive their input and generally act
as a filter for information for class counsel;
(b) to instruct class counsel; and
(c) to participate, as required, in the activities described in paragraph 34 & 35
above.
39. I am not aware of any conflict of interest between myself and any members of the
proposed class. I believe that I can fairly and adequately represent the interests of the
proposed class and I am committed to fulfilling my responsibilities. I have no special
relationship with the Defendants.
40. The basis of my personal claim and the reasons that similar circumstances exist
for the rest of the Class Members are set out herein, and in my Statement of Claim. My
awareness of my responsibilities as a representative plaintiff and my willingness to
undertake this role are described above. I know of no fact material to the certification
motion that has not been disclosed.
SWORN TO at Halifax in the
Province of Nova Scotia, this
3'd day of January,
AD., 2012 b'Zce me

A Barrister of the Supreme
Court of Nova Scotia
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