NSHCC Affidavit of Veronica Marsman - Wagners

Form 39.08 Hfx. No. 343536
2011
SUPREME COURT OF NOVA SCOTIA
BETWEEN:
AUBREY PELLEY and DEANNA SMITH
PLAINTIFFS
-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 VERONICA MARS MAN
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I, Veronica Marsman, of the Halifax Regional Municipality, in the Province of Nova
Scotia, make oath and say as follows:
1. I have personal knowledge of the evidence sworn to in this affidavit except where
otherwise stated to be based on information and belief.
2. I state, in this affidavit, the source of any information that is not based on my own
personal knowledge, and I state my belief of the source.
3. I am the Executive Director of the Defendant Nova Scotia Home for Colored Children
("the Home") and have been since 2010. I was employed from 1984 to 2008 by the
Province of Nova Scotia as a social worker in the Department of Community Services.
4 .
I was born in 1956 and was a resident of the Home from February 3, 1964 to July 5,
1966 when I was discharged to a foster home .

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5.
I worked as a child care supervisor at the Home from June 28, 1982 to August 31, 1984.
While I was working at the Home, I obtained my Bachelor's degree in Social Work.
6. I became a member of the Board of Directors of the Home in 1985 and continued for
approximately 1 - 2 years. At that time, the Executive Director, administration and staff
handled day-to-day management of the Home. Long-range planning, policymaking,
budget determination, and public relations fell under the mandate of the Board. This
division of responsibility remains today.
History of the Home
7. The following is a general review of the history of the Home. It is based dn my own
knowledge but is also based on the book, Share & Care, the Story of the Nova Scotia
Home for Colored Children, written by historian Charles S. Saunders and published in
1984. Attached as Exhibit "A" is a true copy of excerpts from Share & Care.
8. The Home formally opened in June, 1921 with 12 residents. By March, 1922, the Home
had received twenty children, of whom three had been discharged.
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9. The Home was designed to allow separate quarters for boys and girls, with the staff
housed between those wings. Upper and lower dormitories, bathrooms and playrooms
were provided for male and female residents, and there was sleeping space for their
supervisors. Each dormitory was 26 feet by 18 feet and slept sixteen. There was also a
nursery for infants and toddlers .
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The daily routine was that children were awakened by a bell at 7 a.m. The children
washed and dressed and assembled in the playroom for prayer, followed by breakfast in
the dining room. After breakfast, the children attended a one-room school located on the
Home's grounds. At noon, they returned to the main building for lunch and prayer. They
returned to school until 3 o'clock.
Children who were old enough to work had chores inside and outside of the Home in an
effort to provide practical manual skills. The boys performed outdoor and farm labour,
carpentry and maintenance. The girls were responsible for the upkeep of the Home.
They also learned cooking, washing, and sewing. The girls also gathered eggs and
helped the boys look after the farm animals. When the daily chores were complete, the
children had supper and prayer. Bedtime was 7 p.m. for the younger residents and 8

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p.m. for the older residents.
12. The Home's school opened in September 1921. The public school curriculum for grades
one through nine was taught including reading, language arts, writing, history,
geography, mathematics, science, elementary hygiene, arts and crafts and physical
education.
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13. The Home also operated a farm on the premises. The products of the farm were used to
feed the children at the Home and to provide an additional source of income beyond
provincial grants and private donations. The Home's crops included peas, potatoes,
turnips, beets, carrots and parsnips. The farm also raised chickens, and had a small
heard of cows that provided milk for the Home.
14 . The Cumming Annex was added to the Home in 1961, allowing the accommodation of
up to 75 residents. The Annex featured sleeping quarters, enlarged dining facilities, a
modernized kitchen and a gymnasium built in the basement. At this time, the Home
included boys' and girls' dormitories, a girls' lounge, staff lounge, staff quarters, a
hospital room, laundry room, reception room and office .
15 . The wardship of the children at the Home varied. The Children's Aid Societies and the
Province of Nova Scotia held legal custody of some of the children admitted to the
Home. The Home also accepted private boarding arrangements for children who were
not wards of the Province or a Children's Aid Society. In such arrangements, parents
who were unable to keep their children at home paid the Home a weekly fee for their
care.
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By the early 1960s, the private-boarding practice ended.
The daily life for a child at the Home in the 1960s remained similar to the routine of the
earlier days. The boys and girls continued to sleep in separate dormitories on opposite
sides of the main building.
In 1963, the Home changed its policies and began taking in white children as residents.
Beginning in 1961, the farming operations at the Home were in decline due to the high
cost of feed and the low prices for chickens and eggs. In 1966, the farming operations
ceased in their entirety.
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PERIOD OF TIME COVERED BY PROPOSED ACTION
23. The Home opened in 1921.
24 . From my review of the pleadings in the individual actions, it appears that the period of
time covered by the claims begins in 1937 and ends in 1987, a period of 50 years .
25. Hence, this proposed action would require an assessment of individual allegations and
incidents occurring over a 50 year period, going back as early as 75 years prior to today .
STAFF ACCUSED OF ABUSE
26. The individual actions make various allegations against various staff members of the
Home between the period 1937 and 1987. I am aware that the following staff members
accused of abuse are deceased (although I suspect that a number of others are
deceased based on the dates of the alleged abuse):
• Freddie Sparks
• Mayola Johnson
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• Jim Bundy
• Nanny Fowler
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RESIDENTS ACCUSED OF ABUSE
27 . I am informed by counsel for the Home and do believe, that in the individual actions, the
following former residents of the Home have been accused of sexual, physical or mental
abuse by plaintiffs in those actions:
1) James Derrington
2) Tracy Derrington
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3) Denise Derrington
4) Dwayne Broadnax

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5) Trevor Broadnax
6) Tommy Jackson
7) Dina Bundy
8) Marcus Estwick
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9) Calvin Paris
10) Robert Sparks
Robert Borden
12) Tessie Brooks
13) Raymond Bind
14) Ricky White
15) Johnny Smith
16) Judy Hamilton
17) Robert Loppie
18) Teresa Allison
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19) Lena Williams
20) Helen Williams
Carmen Desmond
22) Barbra Parker
Shirley Parker
Miles Chandler
25) Peter Middleton
Sarah Izzard
27) Barbary Macintyre
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28) Freddie Jackson
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29) Carol Desmond
30) Myra Berry
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31) Rosie Williams
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32) Anne Fear
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33) Darlene Kane
34) Robyn Atwell
Louis Langford
36) Ricky White
37) Shawn Belanger
38) Tammy Cooper
39) Raymond Flint
40) Butchie Clayborn
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41) Ralph Scott
42) Arnold Lucas
Warren Young
44) Ralph Scott
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45) Sidney Howe
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46) Louis Dixon
47) Helen Corby
48) Karl Kane
49) Darrius Martinez
50) Barbara Kinney
51) Lorne Oliver
52) Mabel Smith
53) Arthur Fletcher
54) Eugene Fowler
55) Kenny Carvery
56) Zachery Smith
57) John Howe
58) Billy Dorrington

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59) Harriet Brown
ALLEGATIONS OF ABUSE
28. I was not aware of abuse, systemic or otherwise, at the Home either as a resident, a
staff member, board member or as the Executive Director .
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29. With the exception of the pleadings in the individual claims and media reports, I am only
aware of one incident where any staff member of the Home was alleged to have had
sexual contact of any kind with a resident. My memory of this event is solely based on
my review of documents. In June, 1983, staff at the Home learned that a 16 year old
female resident was alleging that a staff member had sex with her while they were
visiting the old Home building approximately two weeks earlier.
The staff member
accused was suspended as soon as the allegation was brought to the Home's attention
and his employment was later terminated .
30. At all times, staff at the Home attempted to monitor and correct any abusive behavior by
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one resident with respect to another. It is never possible to prevent all such abuse in a
residential environment, but it was carefully monitored in accordance with standards at
the time.
CRIMINAL INVESTIGATION
31. In or around March 2012, I was informed by the Royal Canadian Mounted Police that it
had begun an investigation into allegations of abuse at the Home. As Executive Director
of the Home, I cooperated with the investigation and provided the RCMP with dozens of
resident and staff files and was interviewed by the RCMP as were other staff members.
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32. On or about December 13, 2012, the RCMP informed me and I do believe that as a
result of its investigation, it would not be bringing any criminal charges. Attached as
Exhibit "E" is a true copy of the statement issued by the RCMP .
CONCLUSION
33. I swear this Affidavit in opposition to the Plaintiffs' application for certification under the
Class Proceedings Act. I have not knowingly omitted any further facts which I believe
would assist the court in determining the application for class certification .
SWORN to at Halifax jn the Province )
of Nova Scotia this~~ 1 '1tay of January )
2013 before me )
(#13968458)
JANE O'NEILL
~~.Barrister of the Supreme
Court of Nova Scotia
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) ~/\,sn"")="'- ~
) Veronica Marsman