Canada, Algonquin ex-chief with disputed identity liable for abuse of Cree children, Appeal Court says

WARNING: This story contains details of abuse and offensive language that readers may find distressing.

Three Cree sisters, who were taken from their mother when young, are celebrating their second victory at Ontario's highest court in an ongoing legal battle about accountability for historic abuse.

In 2014, Darlene Paddy-Cannon, Rosie Christie and Sharon Cannon sued the Canadian government and the woman they accused of abusing them as children in the 1960s and '70s, and their victory, which was recently upheld at the Ontario Court of Appeal, helps pave the way for other survivors to launch civil claims even if the abuse they suffered was in the distant past.

"It was a moment of pure joy," Sharon Cannon and Christie wrote of receiving the latest decision in a statement to CBC Indigenous.

On May 29, the Appeal Court confirmed Canada can be held liable for failing to protect the sisters from abuse they suffered when they were in foster care. Their case was called an important one for survivors of historic abuse because it established the passage of time alone isn't enough to bar their claims, removing a hurdle that could prevent survivors from coming forward.

The sisters, from Thunderchild First Nation, Sask., about 500 kilometres northwest of Regina, were placed in custody of child protection authorities in 1964. They eventually landed in Maynooth, Ont., 175 kilometres west of Ottawa, in foster care with their paternal uncle and aunt by marriage, Katherine Cannon.

In 1995, Katherine Cannon became "chief" of the Kijicho Manito Madaouskarini Algonquin First Nation, which is not a federally recognized First Nation. Rather the community is part of the Algonquins of Ontario, a political organization formed to negotiate a pending modern treaty.

The organization recently faced controversy over its membership, eventually forcing it to remove thousands of non-Indigenous people in 2023. Katherine Cannon was one of the organization's Algonquin negotiation representatives, or ANRs, that steer treaty talks.

At the latest trial, the sisters testified Katherine Cannon beat them with her fists, a belt and razor strap and abused them with death threats and racist insults, calling them "dirty Indians," treating them as servants and concealing their real names.

They alleged the Algonquin identity was "bogus" and adopted for personal gain in the 1990s, further aggravating the harm.

Katherine Cannon denied all the allegations. Canada also defended against the First Nations plaintiffs, one of whom is now terminally ill. 

The sisters lost their first trial in 2019, but they challenged that decision. The Ontario Court of Appeal overturned that decision and granted them a new trial in 2022.

This led to a second trial in 2023, which the trio won. Justice Suzan Fraser held Katherine Cannon and the Canadian government liable for the abuse, awarding each sister $260,000. But she declined to rule on whether Katherine Cannon falsely claimed an Algonquin identity, citing insufficient evidence.

Canada and Katherine Cannon appealed that ruling, but in a decision released May 29, the Ontario Court of Appeal upheld the 2023 trial ruling.

'No words'

In the sisters' statement, Sharon and Christie said there were "absolutely no words to adequately describe the overwhelming emotions" they felt.

They said the past 11 years were extremely stressful, while acknowledging their legal saga may not be over yet.

"After the judgment in our favour on May 29, 2025, we believed it was finally over. The last appeal was expedited due to a terminal illness of one of the plaintiffs," they wrote.

"We hope to complete this legal battle together. We are currently in a waiting phase to see if either the Attorney General of Canada or Katherine Cannon will seek leave to appeal to the Supreme Court."

When asked if Ottawa intends to appeal, the Department of Crown Indigenous Relations said Canada is reviewing the latest decision.

"Bringing closure to the legacy of the tragic abuse of Indigenous children is vital for the work of advancing reconciliation with First Nations, Inuit, and Métis," the department said.

"Consistent with its commitment to Truth and Reconciliation, Canada is working diligently to ensure that justice for past wrongs against Indigenous children is delivered fairly, expeditiously, and in a manner that accurately reflects the Government of Canada and other actors' involvement in any alleged wrongs."

Katherine Cannon's lawyer Robert Reynolds hasn't responded to requests for comment.

Arguments rejected

During the second trial, Justice Fraser did express "doubts" about Katherine Cannon's identity claim, which "may impact on my assessment of the reliability of Katherine's evidence." 

In Katherine Cannon's appeal of that decision, she argued Fraser had made a mistake, since the identity allegation was unrelated to the abuse. Katherine Cannon laid out several other grounds of appeal, but a panel of three Appeal Court judges rejected the arguments.

During the appeal, Canada argued Fraser erred on several other fronts, including by finding Ottawa was negligent and breached its fiduciary duties.

The evidence showed the Department of Indian Affairs made plans to return the children to Thunderchild First Nation to live with maternal relations, but "shelved" those plans when paternal relatives wanted to keep them in Ontario.

This led to emotional and physical harm, the sisters testified, and robbed them of their culture, language and identity.

Canada said it had no fiduciary duty, or legal obligation to protect the sisters' best interests. The Appeal Court disagreed.

"When Canada developed the return plan and put it in motion, it committed itself to act in the respondents' best interests," Justice Jonathan George wrote on behalf of the Appeal Court panel.

The deadline to appeal is Aug. 28, Sharon Cannon and Christie said.

"It seems that we are constantly waiting," they wrote. "We still carry the weight of our past trauma, and we look forward to the end of this legal battle."

The sisters reunited with their mother, Marie Paddy, a residential school survivor who struggled with addiction, in 1993.