After much discussion, sharing of information, and theological reflection, a multi-faceted decision was reached. The Church's lawyers advised the General Council Executive to appeal the trial Judge's decision. That advice was based on disagreement with the Judge's legal analysis and because he relied on a higher court decision that is currently under appeal to the Supreme Court of Canada. The result of that appeal to the Supreme Court of Canada could fundamentally affect the Church's position in the Alberni case. Therefore the General Council Executive decided to appeal Mr. Justice Brenner's decision.
Vicarious liability is liability imposed on one person for the acts of another person.
Without apportioning liability, trial Judge Brenner found that the United Church and the Federal Government were responsible for Plint's acts. It is important to remember that this stage of legal proceedings only involves the narrow issue of vicarious liability. The next stage, beginning in August, will consider wider issues of liability. The third stage will consider compensation. The General Council Executive concluded that the appeal will expose errors in law as well as keep the door open for more comprehensive negotiations with the Federal Government to settle the plaintiffs' claims earlier and more justly.