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Form 39.08
2011 Hfx. No. 343536
SUPREME COURT OF NOVA SCOTIA
BETWEEN:
JUN 0 8 20\Z
AUBREY PELLEY and DEANNA SMITH
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Halifax. N
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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 June Elwin
I, June Elwin, of the city of Whitby in the Province of Ontario, 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 on July 25, 1940 in Liverpool, Nova Scotia. In or about 1942, I and my
twin sister, Joan, my older brother, Ward, and my older sister, Donalda, were taken from
my mother and placed in the care of the Nova Scotia Home for Colored Children. I
understand that we were apprehended because my mother was unable to care for us
on her own. I was approximately two years old when I became a resident of the Nova
Scotia Home for Colored Children. I believe I was placed there by the Children's Aid
Society.
4. I recall being extremely hungry while at the Home. Our suppers usually
consisted of only bread and milk. Sometimes we would have scrambled eggs for
supper. On one occasion, the Home ran out of butter so the staff put lard on the bread
and made us eat it. Staff would often deny us meals until the following day.
5. My constant hunger led to my stealing food that was intended for the garbage.
ate the garbage to compensate for the malnutrition I endured at the Nova Scotia Home
for Colored Children. I recall other children stealing food that was intended for the
garbage and food that was intended for the pigs on the farm as well.
6. We were not provided with adequate clothes at the Home. We were given one
outfit of clothes which we would be forced to wear everyday of the week without having
it cleaned. The clothes were old and had rips and holes.
7. We were regularly forced outside, often without a shirt to wear. On these
occasions other female residents and myself would be forced to spend the day bare-
breasted in front of the male residents. This was very embarrassing and degrading.
Despite that at times it was extremely cold outside, we would be locked outside for the
whole. In these cold temperatures, I recall having to seek shelter in the outhouse with
other residents for warmth. We would huddle together, half-naked, for warmth. I also
remember wearing paper bags that once held the animals' feed to protect me from the
cold.
8. I recall we were forced to scrub the floors, clean the toilets and dormitories at the
Home. We were also forced to weed the farm fields as well. We were not paid for our
labour. I recall the boys were forced to gather eggs, clean manure, and tend the fields
as well. The boys were also shipped out to farms around Preston, Nova Scotia to work
on other farms as well. These farms belonged to friends of the staff. The boys received
nothing for this labour. It was as if we were slaves.
9. During my placement at the Nova Scotia Home for Colored Children, I was
frequently slapped in the face, hit in the head, and viciously beaten. The beatings were
administered by Ms. Fowler, Ms. Oliver, Ms. Lucas, among others, and occurred
regularly during the entirety of my stay at the Home.
10. Ms. Fowler, Ms. Oliver, and Ms. Lucas, would order to me the bathroom and
would force me to strip naked. I was made to lie on my stomach on the bathroom floor
while I was held down. I would then be beaten with a broom stick until I was black and
blue. After these beatings, I would be locked in the bathroom for the remainder of the
day without any food. I was not taken to see a doctor or nurse. These beatings were
frequent. I witnessed many other residents suffer the same abuse.
11. On one occasion, my sister Donalda was hit over the head by staff with an iron
bell. The force of the beating caused her to bleed profusely from her nose. I do not
believe she was taken to a doctor or nurse after this incident.
12. The staff repeatedly made disparaging and belittling comments to me and other
residents. My sisters and I were told that we would amount to nothing and that when we
grew up we would spend most of our time on our backs with our legs "open for some
man". We were also regularly called "stupid" and an "idiot". The staff often called our
mother a "slut" and would say that we would end up just like her and become
prostitutes. They would say this in front of the other residents.
13. I ran away from the Home on several occasions. Each time the staff would find
me and would bring me back to the Home. After each incident, I was made to live in
solitary confinement. I was locked in a room and would have my meals brought to me.
Sometimes I would be allowed to leave the room to use the toilet. Other times, I would
not be allowed and was forced to urinate on the bed. I was then made to sleep on the
wet sheets. Each such "punishment" would last for one month.
14. I remember going to school at the Nova Scotia Home for Colored Chidren. For
my first few years, there was one school in which all the residents were taught in the
same room. This school did not have toilets and was very unsanitary. The classroom
was in the basement beneath the chicken coup. Eventually, we were moved to a
different classroom which had toilets.
15. I recall Ms. Clayton taught the younger children. She was very cruel. She would
force me and other children to lie across her desk where she would lash us with a horse
whip. Ms. Willamina Williams taught the older children. She would yell and beat me and
other children if we did not correctly answer her questions or if she felt we acted out of
turn.
16. I was sexually abused by Ms. Willamina Williams. On one occasion, I had asked
Ms. Williams if I could have an extra slice of bread. She said "no" so I poured my glass
of milk on the extra slice of bread. Ms. Williams ordered me to go to her bedroom. I
went and waited for her there. She later came upstairs and met me in her bedroom.
She closed the door and grabbed me and began to rub her body sexually against me.
She then forced me on her bed and climbed on top of me. She continued to rub herself
against me. She fondled my breasts and began kissing me. She molested my vagina.
17. Ms. Williams lived at the Home. I witnessed her regularly sleep with a young
female resident in her bed. The young girl forced to sleep in Ms. Williams bed was
approximately three years old.
18. I recall that my Children's Aid Society worker, Mr. Kennedy, would come to the
Home occasionally. These visits were very short and they were only to drop off other
children or Christmas gifts. Mr. Kennedy never interacted with me or my siblings while
he was there. He never spoke to us to inquire of our welfare. He paid no attention to
us. No outside worker ever came to see how we were doing.
19. To hide the horrible conditions, and the regular abuse taking place, we were
dressed in fine cloths and groomed every Sunday for when relatives were allowed to
visit. On one early occasion, when my mother came to visit, I told her that Ms. Oliver
had beaten my brother Ward. My mother must have made a complaint because Ward
and I were subsequently severely beaten by Ms. Oliver for my remark to my mother.
never mentioned the beatings to my mother again.
20. I recall it was common place for other children to be abused, often times
severely, at the Nova Scotia Home for Colored Children. Residents often walked
around with fresh bruises and welts as a result of the beatings. It was a normal thing
there.
21. I left the Nova Scotia Home for Colored Children in approximately 1953.
MY ROLE AS REPRESENTATIVE PLAINTIFF
22. I am prepared to act as a representative plaintiff in this action if it is certified as a
class action.
23. 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);
(j) distribution of proceeds of resolution by way of judgment or settlement;
(k) appeals (at various stages); and
(I) settlement (at any time).
24. 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.
25. I accept these responsibilities.
26. 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 have discussed this action with various potential Class Members;
(d) I communicated with members of Wagners on a number of occasions; and
(e) I provided information for the drafting of this affidavit.
27. 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 19 & 20
above.
28. 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.
29. 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 a t V Y h ~ n the
Province of ({)f"lfarto , this
/2- day of Ptvn "/
A.D., 2012 before tfJe:
Susan Cassel, a Commissioner e1o
ProW!co ofOntmlo ' .,
for the Corporation o1 the Town of Whllby
Expires Jan!Jllly 30, 2015.
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